TOLITICAL  WRITINGS 


o  F 


JOHN  DICKINSON,  ESQUIRE, 

LATE  PRESIDENT  OF  THE  STATE  OF  DELAWARE,  AND  OF 
THE  COMMONWEALTH  OF  PENNSYLVANIA. 


72V  TWO  VOLUMES. 


V  O  L.    L 


W  I  L  M  I  N  G  TON: 

PRINTED    AND    SOLD    BV    BONSAL    AND    NfLES. 
ALSO,  SOLD   AT  THEIR  BOOK-STORE,  NO.  173,  MARKET-STREET,  BALTIMORE. 


(Entered  according  to  Act  of  Congress.) 


PREFACE, 


J[  HE  present  age  has  been  witness  to  as 
great  political  phenomena,  as  have  appeared  in 
the  history  of  the  world . 

AMONG  other  events,  we  have  seen  America, 
in  a  dignified  progression,  from  resentment  of 
injuries  to  remonstrances,  frtfm  remonstrances 

to  arms,  and  from  arms  to  liberty after  a 

vicissitude  of  fortunes  delivered  from  despot- 
ism, and  establishing  her  freedom  in  a  repub- 
lican form  of  government,  on  the  pure  and  just 
principles  of  popular  representation  and  federal 
union)  delineated  in  these  writings. 

THROUGHOUT  the  course  of  these  contests, 
the  friends  of  liberty  in  Great-Britain)  many  of 
them  peers  or  members  of  the  house  of  com- 
mons, of  the  highest  characters,  were  warm  ad- 
vocates for  THE  JUSTICE  OF  OUR  CAUSE. 

IN  the  year  1774,  the  earl  of  Chatham,  in  a 
speech  worthy  of  his  distinguished  talents  and 


illustrious  reputation,  said "  If  we  take  a 

transient  view  of  those  motives,  which  induced 
the  ancestors  of  our  fellow  subjects  in  America, 
to  leave  their  native  country,  to  encounter  the 
innumerable  difficulties  of  the  unexplored  regi- 
ons of  the  Western  world,  our  astonishment 
at  the  present  conduct  of  their  descendents  will 
naturally  subside.    There  was  no  corner  of  the 
globe  to  which  they  would  not  have  fled,  ra- 
ther than  submit  to  the  slavish  and  tyrannical 
spirit,  which  prevailed  at  that  period  in  their 
native  country  ;  and  viewing  them  in  their  ori- 
ginal, forlorn,  and  now  flourishing  state,  they 
may  be  cited  as  illustrious  instances  to  instruct 

the  world what  great  exertions  mankind  will 

make,  when  left  to  the  free  exercise  of  their  own 
powers. 

"  IT  has  always  been  my  fixed  and  unalterable 
opinion,  and  I  will  carry  it  with  me  to  the 
grave,  that  this  country  had  no  right  whatever  to 
tax  America.     It  is  contrary  to  all  the  princi- 
ples of  justice  and  civil  policy  :   it  is  contrary 
to  that  essential,  unalterable  right  in  nature, 
ingrafted  into  the  British  constitution  as  a  fun- 
damental law,  that  what  a  man  has  honestly  ac- 
quired is  absolutely  his  own,  which  he  may  freely 


give,  but  which  cannot  be  taken  from  him  with- 
out his  own  consent. 

"  PASS  then,  my  lords,  instead  of  these  harsh 
and  severe  edicts,  an  amnesty  over  their  errors  ; 
by  measures  of  lenity  and  affection,  allure  them 
to  their  duty  ;  act  the  part  of  a  generous  and 
forgiving  parent.  A  period  may  arrive,  when 
this  parent  may  stand  in  need  of  every  assist- 
ance, she  can  receive  from  a  grateful  and  affec- 
tionate offspring/' 

SOON  afterwards,  in  a  confidential  letter  to  a 

friend,  he  writes "  Every  step  on  the  side 

of  government  in  America,  seems  calculated  to 
drive  the  Americans  into  open  resistance,  vainly 
hoping  to  crush  the  spirit  of  liberty  in  that  vast 
continent,  at  one  successful  blow  ;  but  millions 
must  perish  there,  before  the  seeds  of  freedom 
will  cease  to  grow  and  spread,  in  so  favourable 
a  soil  ;  and  in  the  mean  time,  devoted  England 
must  sink  herself,  under  the  ruins  of  her  own 
foolish  and  inhuman  system  of  destruction.  It 
is  plain,  that  America  cannot  bear  chains. 
Would  to  heaven  it  were  equally  plain,  that  the 
oppressor,  England,  is  not  doomed  one  day 


to  bind  them  round  her  own  hands,  and  wear 
them  patiently. 

"  Luxuria  inciibuit,  victiimque  ulciscitur  orbem — savior  armis. 

"  HAPPILY,  beyond  the  Atlantic,  this  poison 
has  not  reached  the  heart.  When  then  will 
infatuated  administration  begin  to  fear  that 
freedom  they  cannot  destroy,  and  which  they 
do  not  know  how  to  love  ?" 

IN  another  letter,  he  says "  I  have  not 

words  to  express  my  satisfaction,  that  the  con- 
gress has  conducted  this  most  arduous  and  deli- 
cate  business  with  such  manly  wisdom  and 
calm  resolution,  as  does  the  highest  honour  to 
their  deliberations.     Very  few  things  are  con- 
tained in  their  resolves,  that  I  could  wish  had 
been  otherwise.     Upon  the  whole,  I  think  it 
must  be  evident  to  every  unprejudiced  man  in 
England*  who  feels  for  the  rights  of  mankind, 
that  America,  under  all  her  oppressions  and  pro- 
vocations, holds  forth  to  us  the  most  fair  and 
just  opening,  for  restoring  harmony  and  affec- 
tionate intercourse,  as  heretofore.   I  trust,  that 
the  minds  of  men  are  more  than  beginning  to 
change  on  this  great  subject ;  and  that  it  will  be 
found  impossible  for  freemen   in  England,  to 


[      vii       ] 

wish  to  see  three  millions  of  Englishmen,  slaves 
in  America." 

IN  the  beginning  of  the  year  1775,  soon  af- 
ter the  American  papers  had  been  laid  before 
the  peers,  he  made  another  speech  becoming 
his  splendid  fame.  These  were  some  of  his 

expressions. "  This  universal  opposition  to 

your  arbitrary  system  of  taxation,  might  have 
been  foreseen  ;  it  was  obvious  from  the  nature 
of  things,  and  from  .the  nature  of  man,  and 
above  all,  from  the  confirmed  habits  of  think- 
ing, from  the  spirit  of  WHIGGISM  flourishing  in 
America.  The  spirit  which  now  pervades  Amer- 
ica, is  the  same  which  formerly  opposed  loans, 
benevolences,  and  ship-money  in  this  country  ; 
is  the  same  spirit  which  roused  all  England  to 
action  at  the  revolution,  and  which  established 
at  a  remote  sera,  your  liberties,  on  the  basis  of 
that  grand  fundamental  maxim  of  the  constitu- 
tion, that  no  subject  of  England  shall  be  taxed, 
but  by  his  own  consent. 

"  To  maintain  this  principle,  is  the  common 
cause  of  the  WHIGS,  on  the  other  side  of  the  At- 
lantic, and  on  this.  It  is  liberty  to  liberty  engag- 
ed. In  this  great  cause  they  are  immoveably 
allied.  It  is  the  alliance  of  God  and  nature,  im- 


C      viii      ] 

mutable,  eternal,  fixed  as  the  firmament  of  hea- 
ven.* 

"  As  an  Englishman,  I  recognize  to  the  Ameri- 
cans, their  supreme  unalterable  right  of  proper- 
ty. As  an  American,  I  would  equally  recognize 
to  England,  her  supreme  right  of  regulating 
commerce  and  navigation.  This  distinction  is 


*  "  Arbitrary  taxation  is  plunder  authorized  by  law  ;  it  is  the  support  and 
the  essence  of  tyranny ;  and  has  done  more  mischief  to  mankind,  than  those 
other  three  scourges  from  heaven,  famine,  pestilence,  and  the  sword. 

"  I  need  not  carry  your  lordships  out  of  your  own  knowledge,  or  out  of 
your  own  dominions,  to  make  you  conceive  what  misery  this  right  of  taxation 
is  capable  of  producing  in  a  provincial  government. 

"  We  need  only  recollect,  that  our  countrymen  in  India  have,  in  the  space  of 
five  or  six  years,  in  virtue  of  this  right,  destroyed,  starved,  and  driven  away 
more  inhabitants  from  Bengal,  than  are  to  be  found  at  present  in  all  our  Amer- 
ican colonies. — This  is  no  exaggeration,   my  lords,  but  plain  matter  of  fact." 
SHIPLEY,  bishop  of  St.  Asapb,  against  the  bill  for  altering  the  charter  of 
Massachusetts,  &c. 

"  WE  seem  not  to  be  sensible  of  the  high  and  important  trust,  which  Pro- 
vidence has  committed  to  our  charge.  The  most  precious  remains  of  civil 
liberty,  that  the  world  can  now  boast  of,  are  now  lodged  in  our  hands ;  and 
GOD  forbid,  that  we  should  violate  so  sacred  a  deposite. 

"  By  enslaving  your  colonies,  you  not  only  ruin  the  peace,  the  commerce,  and 
the  fortunes  of  both  countries  ;  but  you  extinguish  the  fairest  hopes,  shut  up 
the  last  asylum,  of  mankind. 

"  I  think,  my  lords,  without  being  weakly  superstitious,  that  a  good  man  may 
hope,  that  heaven  will  take  part  against  the  execution  of  a  plan,  which  seems 
big  not  only  with  mischief,  but  impiety"  Idem. 


involved  in  the  abstract  nature  of  things  :  pro- 
perty is  private,  individual,  absolute  :  the  touch 
of  another  annihilates  it.  Trade  is  an  extend- 
ed and  complicated  consideration  ;  it  reaches  as 
far  as  ships  can  sail,  or  winds  can  blow  ;  it  is  a 
vast  and  various  machine.  To  regulate  the 
numberless  movements  of  its  several  parts,  and 
combine  them  into  one  harmonious  effect,  for 
the  good  of  the  whole,  requires  the  superintend- 
ing wisdom  and  energy  of  the  supreme  power 
of  the  empire. 

"  ON  this  grand  practical  distinction,  then 
let  us  rest :  taxation  is  theirs,  commercial  regu<- 
lation  is  ours.  As  to  the  metaphysical  refine- 
ments, attempting  to  shew,  that  the  Americans 
are  equally  free  from  legislative  controul,  and 
commercial  restraint,  as  from  taxation,  for  the 
purpose  of  revenue,  I  pronounce  them  futile, 
frivolous,  and  groundless. 

"  WHEN  your  lordships  have  perused  the 
papers  transmitted  to  us  from  America,  when 
you  consider  the  dignity,  the  firmness,  and  the 

[b] 


wisdom  with  which  the  Americans  have  acted, 
you  cannot  but  respect  their  cause. 

"  HISTORY,  my  lords,  has  been  my  favourite 
study,  and  in  the  celebrated  writings  of  anti- 
quity, have  I  often  admired  the  patriotism  of 
Greece  and  Rome :  but,  my  lords,  I  must  declare 
and  avow,  that  in  the  master  states  of  the 
world,  I  know  not  the  people  or  the  senate, 
who,  in  such  a  complication  of  difficult  cir- 
cumstances, can  stand  in  preference  to  the  de- 
legates of  America,  assembled  in  general  con- 
gress at  Philadelphia.  I  trust,  it  is  obvious  to 
your  lordships,  that  all  attempts  to  impose  ser- 
vitude upon  such  men,  to  establish  despotism 
over  such  a  mighty  continental  nation,  must  be 
vain/' 

LORD  Chatham  was  ably  supported  by  his 
friend,  the  excellent  lord  Camden,  who  among 

other  things  said "  when  the  famous  Sel- 

den  was  asked,  by  what  statute  resistance  to  ty- 
ranny could  be  justified  ?"  his  reply  was "  it 

is  to  be  justified  by  the  custom  of  England, 
which  is  part  of  the  law  of  the  land." 


[       xi       ] 

"  I  WILL  affirm,  my  lords,  not  only  as  a 
statesman,  a  politician,  and  a  philosopher,  but 
as  a  common  lawyer,  that  you  have  no  right  to 
tax  America.  No  man,  agreeably  to  the  prin- 
ciples of  natural  and  civil  liberty,  can  be  di- 
vested of  any  part  of  his  property,  without  his 
consent  ;  and  whenever  oppression  begins,  resist- 
ance becomes  lawful  and  right.'3 

IN  the  year  1777,  lord  Chatham  moved  an 
amendment  to  a  proposed  address,  recommend- 
ing measures  of  accommodation,  and  an  imme- 
diate cessation  of  hostilities,  as  necessary  for 
effectuating  that  purpose,  which  "  he  support, 
ed  with  all  the  energy  and  eloquence,  which 
had  formerly  produced  such  mighty  effects  ; 
and  which  must  now  have  roused  the  nation 
from  its  death-like  torpor,  had  this  been  with- 
in the  compass  of  human  virtue  or  human  abi- 
lity." 

AFTER  some  weighty  observations  respect- 
ing the  conduct  of  ministers,  he  proceeded 

thus "  you  may  swell  every  expence,  and 

strain  every  effort,  accumulate  every  assistance, 
and  extend  your  traffic  to  the  shambles  of  every 


German  despot,  your  attempts  will  be  forever 

vain  and  impotent. But,  my  lords,  where  is 

the  man,  that  in  addition  to  the  disgraces  and 
mischiefs  of  the  war,  has  dared  to  authorize  and 
associate  to  our  arms  the  tomahawk  and  scalping- 
knife  of  the  savage?  To  call  into  civilized  alli- 
ance, the  wild  and  inhuman  inhabitant  of  the 
woods  ?  To  delegate  to  the  merciless  Indian, 
the  defence  of  disputed  rights,  and  to  wage  the 
horrors  of  his  barbarous  warfare  against  cur 
brethren  ?  These  enormities  cry  aloud  for  re- 
dress and  punishment.* 

5--nv   ii 


...       .     .  . 


*  The  American  secretary,  in  a  letter  to  general  Garlton,  dated  Whitehall, 
March  26th,  1777,  fays:  "  As  this  plan  cannot  be  advantageously  executed 
without  the  assistance  of  Canadians  and  Indians,  his  majesty  strongly  recommends 
it  to  your  care,  to  furnish  both  expeditions  with  good  and  sufficient  todies  of  these 
men  .-  and  I  am  happy  in  knowing,  that  your  influence  among  them  is  so  great, 
that  ther|  can  be  no  room  to  apprehend  you  will  find  it  difficult  to  fulfil  his 
majesty's  intentions." 

In  the  "  Thoughts  for  conducting  the  war  from  the  side  of  Canada"  by 
general  Burgoyne,  that  general  desired  "  a  thousand  or  more  savages." 

Colonel, Sutler  was  desired  to  distribute  the  king's  bounty-money  among 
such  of  the  savages  as  would  join  the  army ;  and  after  the  delivery  of  the  pre- 
sents ,  he  asks  for  £-  4011,  York  currency,  before  he  left  Niagara.  He  adds,  in 
a  lettu^th**-  was  laid  on  the  table,  in  the  house  of  commons,  "  I  flatter  myself, 
tJ^T  you  will  not  think  the  expence,  however  high,  to  be  useless,  or  given 
with  too  lavifli  a  hand.  I  waited  seven  days  to  deliver  them  the  presents,  and 

(JIVE    THEM- THE    HATCHET,   WHICH   THEY    ACCEPTED,    and    PROMISED     TO 

MAKE  tfSE  OF  IT.     This  letter  is  dated  Ontario^  July  a8th,  1777. 


"  IT  is  not,  my  lords,  a  wild  and  lawless  ban- 
ditti whom  we  oppose :  the  resistance  of  Ameri- 
ca) is  the  struggle  of  free  and  virtuous  patriots" 

IT  is  remarkable,  that  this  great  and  good 
man,  in  the  year  1775,  not  only  lays  \\iejustice 
of  American  claims,  on  the  same  eternal  and  im- 
mutable foundations  contended  for  in  the  fol- 
lowing "  Essay  on  the  constitutional  power  of 
Great-Britain  over  the  colonies  in  America"  pub- 
lished at  Philadelphia  in  the  preceding  year, 
1774,  but  makes  the  same  comparison  that  was 
made  in  that  Essay,  between  the  opposition  of 
America  to  British  measures,  and  the  opposition 
of  Britain,  to  the  measures  of  the  Stuarts,  re- 
fpecting  loans,  benevolences,  and  ship-money  ; 
and  also  makes  the  same  distinction  between 
taxation  and  regulation  of  commerce,  tfiat  is 
asserted  in  that  Essay,  and  inforces  that  distinc- 


In  another  letter,  colonel  Butter  says,  "  The  Indians  threw  in  a  heavy  fire 
on  the  rebels ,  and  made  a  shocking  slaughter  with  their  sfears  and  hatchets.  The 
success  of  this  day,  will  plainly  shew  the  utility  of  your  excellency's  constant 
support  of  my  univearied  endeavours  to  conciliate  to  bis  majesty  so  serviceable  a  body 
of  ALLIES."  This  letter  is  to  sir  Guy  Carlton^  and  dated,  camp  before  Fort 
Starfwix,  August  I5th,  I777«  In  another  letter  he  says,  "  many  of  the  pris<A- 
trs  were,  conformably  to  the  Indian  cu*tom>  AFTERWARDS  KILLED."  More  on 
this  subject  may  be  seen  in  general  Bitrgoyne's  proclamation  proceedings  in  par- 
liament, &c. 


tion  by  the  same  arguments  which  in  the  Essay 
are  employed  on  that  subject.  He  likewise  in- 
sists, as  is  urged  in  that  Essay,  that  the  ad- 
mission of  an  authority  to  regulate  commerce,  does 
not  imply  the  concession  of  an  authority  to  le- 
gislate, for  the  purpose  of  taxation.  He,  also, 
called  the  public  attention  to  the  extraordinary 

case,  which  is  stated  in  that  Essay that  a 

period  may  arrive,  when  the  parent  will  stand 
in  need  of  the  assistance  of  her  offspring. 

THUS  has  the  justice  of  our  cause  been 
maintained  by  the  best  and  wisest  men  in  Bri- 
tain, not  only  by  those  before-mentioned,  but 
by  multitudes  of  others. 

OF  what  importance  our  successful  opposi- 
tion has  been,  and  is  now  thought  on  the  other 
side  of  the  Atlantic,  we  may  judge  from  the 
following  declaration  of  that  honest,  benevo- 
lent, and  enlightened  statesman  Charles  Fox,  in 
the  house  of  commons "  THE  RESIST- 
ANCE OF  THE  AMERICANS  TO  THE 
OPPRESSIONS  OF  THE  MOTHER  COUN- 
TRY, HAS  UNDOUBTEDLY  PRESERV- 
ED THE  LIBERTIES  OF  MANKIND/' 


C      *v       ] 

WHAT  political  event,  in  the  annals  of  the 
world,  can  be  more  worthy  of  being  commend- 
ed to  the  attention  of  nations  ! 

WE  now  behold  the  sun  of  liberty  illumin- 
ing Europe ;  and  we  have  reason  to  believe, 
that  its  rays  will  reach  to  other  quarters  of  the 
globe,  beaming  with  a  benign  influence  on  the 
human  race. 

WITH  such  knowlege  of  facts,  and  with  such 
hopes  of  the  future,  every  American  who  loves 
his  country,  must  be  pleased  to  trace  our  mo- 
mentous controversy  with  Greqt-Britain,  from 
its  commencement  in  her  injustice,  to  its  termi- 
nation in  our  independence  ;  and  every  friend 
to  mankind  must  rejoice,  in  contemplating  the 
actual  and  probable  consequences  of  our  revo- 
lution to  other  nations. 

IF  this  intelligence  should  be  conveyed  in 
narratives,  written  in  coolness  and  leisure,  after 
the  agitation  of  events  had  subsided,  no  doubt 
it  would  be  agreeable  :  but,  this  collection  of- 
fers to  our  fellow-citizens,  in  a  series  from  the 
beginning  of  the  year  1764,  writings  composed 


and  published  in  the  midst  of  the  arduous  con- 
tention, while  Britain  with  insulting  pretensi- 
ons, and  relentless  cruelties,  was  practising 
every  artifice,  and  straining  every  nerve,  by 
statutes  and  by  swords,  to  bend  or  break  us 
into  bondage  :  and  the  editors  think  it  their 
right  and  duty,  to  insert  some  testimonies  con- 
cerning  several  of  these  writings,  to  shew  the 
sentiments  that  were  entertained  of  them  at  the 
times  when  they  were  published,  or  soon  af- 
ter. 


T    H    E 

SPEECH 

O    F 
JOHN  DICKINSON,  ESQUIRE, 


One  of  the  MEMBERS  for  the  County  of  PlilaA-fybla,  in  the  House  of  As 
of  the  Province  of  Pennsylvania,  May  34th,   1764, 


ON     OCCASION 


Of  a  PETITION,    drawn  up  by  Order,  and  then  under 

Consideration,  of  the  House  ;  praying  the  King  for  a 

Change  of  the  Government  of  the  Province. 


Published  at  the  earnest  request  of  a  great  number  of  very  respectable  citi- 
zens of  PliladelpLiay  as  expressed  in  their  address  to  him,  dated  the  6th  of 
June,  1764. 


~*#*  On  the  4th  of  March,  1764,  George  Grenvilk,  then 
Minifter,  and  the  Houfe  of  Commons  on  his  Motion,  began 
their  hostile  Operations  againft  the  British  Colonies  on  this 
Continent. 

This  Speech  was  made  in  lefs  than  three  months  after, 
about  a  Year  and  a  half  before  the  meeting  of  tbefrst  Con- 
grefs  at  New-York,  on  Account  of  the  Stamp  Aft y  defcribes 
the  Sentiments  of  Adminiflration  concerning  Colonial  Go- 
vernment, takes  Notice  of  the  then  meditated  Innovations^ 
and  was  followed  by  a  regular  Courfe  of  fuch  Meafures  as 
were  apprehended  and  alluded  to* 

The  Change  attempted  did  not  take  place. 


THE 

\ 

SPEECH 

OF  JOHN  DICKINSON,  EsS 

MR.  SPEAKER,* 

WHEN  honest  men  apprehend  their  coun- 
try to  be  injured,  nothing  is  more  natural 
than  to  resent  and  complain  ;  but  when  they  enter, 
into  consideration  of  the  means  for  obtaining  re- 
dress, the  same  virtue  that  gave  the  alarm,  may 
sometimes,  by  causing  too  great  a  transport  of  zeal, 
defeat  its  own  purpose ;  it  being  expedient  for  those 
who  deliberate  of  public  affairs,  that  their  minds 
should  be  free  from  all  violent  passions.  These 
emotions  blind  the  understanding  :  they  weaken  the 
judgment.  It  therefore  frequently  happens,  that 
resolutions  formed  by  men  thus  agitated,  appear  to 
them  very  wise,  very  just,  and  very  salutary  ;  while 
others,  not  influenced  by  the  same  heats,  condemn 
those  determinations,  as  weak,  unjust,  and  danger* 

*  Isaac  Norrh,  Efquire. 


bus.  Thus,  Sir,  in  councils  it  will  always  be 
found  useful,  to  guard  against  even  the  indignation, 
that  arises  from  integrity. 

MORE  particularly  are  we  bound  to  observe  the 
utmost  caution  in  our  conduct,  as  the  experience  of 
many  years  may  convince  us,  that  all  our  actions 

undergo  the  strictest  scrutiny. Numerous  are 

the  instances,  that  might  be  mentioned,  of  rights 
vindicated  and  equitable  demands  made  in  this  pro- 
vince, according  to  the  opinions  entertained  here, 
that  in  Great-Britain,  have  been  adjudged  to  be  il- 
legal attempts,  and  pernicious  pretensions. 

THESE  adjudications  are  the  acts  of  persons  vest- 
ed with  such  dignity  and  power,  as  claim  some  de- 
ference from  us ;  and  hence  it  becomes  not  unne- 
cessary to  consider,  in  what  light  the  (*)  measures 
now  proposed  may  appear  to  those,  wrhose  senti- 
ments from  the  constitution  of  our  government  it 
will  always  be  prudent  to  regard, 

BUT  on  this  important  occasion,  we  ought  not  lo 
aim  only  at  the  approbation  of  men,  whose  authority 

*  The  controversy  between  the  Province  and  the  Proprietaries,  was,— 
Whether  the  estates  of  the  Proprietaries  should  be  taxed  as  the  e.tates  of  other 
persons  were.  The  Proprietaries  claimed  an  exemption,  and  were  supported 
in  their  claim  by  the  British  Ministers.  The  Assembly  took  this  opportunity 
to  attempt  a  change  of  the  Government  from  proprietary  to  royal. 


(       5       ) 

may  censure  and  controul  us.  More  affecting  du- 
ties demand  our  attention.  The  honour  and  well- 
fare  of  Pennsylvania  depending  on  our  decisions, 
let  us  endeavour  so  to  act,  that  we  may  enjoy  our 
own  approbation,  in  the  cool  and  undisturbed  hours 
of  reflection ;  that  we  may  deserve  the  approbation 
of  the  impartial  world ;  and  of  posterity,  who  are  so 
much  interested  in  the  present  debate. 

No  man,  Sir,  can  be  more  clearly  convinced  than 
I  am,  of  the  inconveniencies  arising  from  a  strict  ad- 
herence to  proprietary  instructions.  We  are  pre- 
vented from  demonstrating  our  loyalty  to  our  excel- 
lent Sovereign,  and  our  affection  to  our  distrest  fel- 
low subjects,  unless  we  will  indulge  the  Proprietors, 
with  a  distinct  and  partial  mode  of  taxation,  by 
which  they  will  save  perhaps  four  or  five-hundred 
pounds  a  year,  that  ought  to  go  in  ease  of  our  con- 
stituents. 

THIS  is  granted  on  all  sides  to  be  unequal ;  and 
has  therefore  excited  the  resentment  of  this  house. 
Let  us  resent- but  let  our  resentment  bear  pro- 
portion to  the  provocation  received ;  and  not  pro- 
duce, or  even  expose  us  to  the  peril  of  producing, 
effects  more  fatal  than  the  injury  of  which  we  com- 
plain.  If  the  change  of  government  now  meditat- 
ed, can  take  place,  with  all  our  privileges  preserved; 
let  it  instantly  take  place  :  but  if  they  must  be  con- 


sumed  in  the  blaze  of  royal  authority,  we  shall  pay 
too  great  a  price  for  our  approach  to  the  throne ; 
too  great  a  price  for  obtaining  (if  we  should  obtain) 
the  addition  of  four  or  fiverhundred  pounds  to  the 
proprietary  tax  ;  or  indeed  for  any  emolument  like- 
ly to  follow  from  the  change* 

I  HOPE,  I  am  not  mistaken  when  I  believe,  that 
every  member  in  this  House  feels  the  same  rever- 
ence that  I  do,  for  these  inestimable  rights.  When 
I  consider  the  spirit  of  liberty  that  breathes  in  them, 
and  the  flourishing  state  to  which  this  Province  hath 
risen  in  a  few  years  under  them,  I  am  extremely 
desirous,  that  they  should  be  transmitted  to  future 
ages ;  and  I  cannot  Suppress  my  solicitude,  while 
steps  are  taking,  that  tend  to  bring  them  all  into 
danger.  Being  assured,  that  this  House  will  aU 
ways  think  an  attempt  to  change  this  government 
too  hazardous,  unless  these  privileges  can  be  per- 
fectly secured,  I  shall  beg  leave  to  mention  the 
reasons  by  which  I  have  been  convinced,  that  such 
an  attempt  ought  not  now  to  be  made. 

IT  seems  to  me,  Sir,  that  a  people  who  intend  an 
innovation  of  their  government,  ought  to  choose  the 
most  proper  time,  and  the  most  proper  method  for 
accomplishing  their  purposes  ;  and  ought  seriously 
to  weigh  all  the  probable  and  possible  consequences 
of  such  a  measure. 


(      7      ) 

THERE  are  certain  periods  in  public  affairs,  when 
designs  may  be  executed  much  more  easily  and 
advantageously,  than  at  any  other.  It  hath  been 
by  a  strict  attention  to  every  interesting  circum- 
stance ;  a  careful  cultivation  of  every  fortunate  oc- 
currence ;  and  patiently  waiting  till  they  have  ri- 
pened into  a  favourable  conjuncture,  that  so  many 
great  actions  have  been  performed  in  the  political 
world. 

IT  was  through  a  rash  neglect  of  this  prudence, 
and  too  much  eagerness  to  gain  his  point,  that  the 
Duke  of  Monmoutb  destroyed  his  own  enterprize, 
and  brought  himself  dishonourably  to  the  block, 
tho'  every  thing  then  verged  towards  a  revolution. 
The  Prince  of  Orange  with  a  wise  delay  pursued 
the  same  views,  and  gloriously  mounted  a  throne. 

IT  was  through  a  like  neglect  of  this  prudence, 
that  the  commons  of  Denmark,  smarting  under  the 
tyranny  of  their  nobility,  in  a  fit  of  revengeful  fury, 
suddenly  surrendered  their  liberties  to  their  king ; 
and  ever  since  with  unavailing  grief  and  useless 
execrations,  have  detested  the  mad  moment,  that 
slipt  upon  them  the  shackles  of  slavery,  which  no 
struggles  can  shake  off.  With  more  deliberation^ 
the  Dutch  erected  a  stadholdership,  that  hath  been 
of  signal  service  to  their  state. 


(       8       ) 

THAT  excellent  historian  and  statesman  Tacitus ^ 
whose  political  reflections  are  so  justly  and  univer- 
sally admired,  makes  an  observation  in  his  third 
annal,  that  seems  to  confirm  these  remarks.  Hav- 
ing mentioned  a  worthy  man  of  great  abilities, 
whose  ambitious  ardour  hurried  him  into  ruin,  he 
uses  these  words,  "  quod  multos  etiam  bonos  pes- 
sum  dedit,  qui  spretis  qu<z  tarda  cum  securitate, 
prtzmatura  vel  cum  exitio  proper  ant."  "  Which 
misfortune  hath  happened  to  many  good  men,  who 
despising  those  things  which  they  might  slowly  and 
safely  attain,  seize  them  too  hastily,  and  with  fatal 
speed  rush  upon  their  own  destruction." 

IF  then,  Sir,  the  best  intentions  may  be  disap- 
pointed by  too  rapid  a  prosecution  of  them,  many 
reasons  induce  me  to  think,  that  this  is  not  the  pro- 
per time  to  attempt  the  change  of  our  government. 

IT  is  too  notorious  and  too  melancholy  a  truth, 
that  we  now  labour  under  the  disadvantage  of  roy- 
al and  ministerial  difpleasure.  The  conduct  of  this 
province  during  the  late  war,  hath  been  almost  con- 
tinually condemned  at  home.  We  have  been  co- 
vered with  the  reproaches  of  men,  whose  stations 
give  us  just  cause  to  regard  their  reproaches.  The 
last  letters  from  his  majesty's  secretary  of  state 
prove,  that  the  reputation  of  the  province  hai  not 
yet  revived.  We  are  therein  expressly  charged 


(      9       ) 

with  double  dealing,  disrespect  for  his  majesty5 s 
orders,  and  in  short,  accusations,  that  shew  us  to 
be  in  the  utmost  discredit.  Have  we  the  least  rea- 
son to  believe,  when  the  transactions  of  this  year, 
and  the  cause  of  our  application  for  a  change,  are 
made  known  to  the  king  and  his  ministers,  that 
their  resentment  will  be  waved  ?  Let  us  not  Rat- 
ter ourselves.  Will  they  not  be  more  incensed, 
when  they  find  the  public  service  impeded,  and  his 
majesty's  dominions  so  long  exposed  to  the  ravages 
of  merciless  enemies,  by  our  inactivity  and  obstina- 
cy, as  it  will  be  said  ?  For  this,  I  think,  hath  been 
the  constant  language  of  the  ministry  on  the  like 
occasions.  Will  not  their  indignation  rise  beyond 
all  bounds,  when  they  understand  that  our  hitherto 
denying  to  grant  supplies,  and  our  application  for  a 
change,  proceed  from  the  governor's  strict  adher- 
ence to  the  terras  of  the  stipulatipns^  so  solemnly 
made,  and  so  repeatedly  approved,  by  the  late  and 
present  king  ? 

BUT  I  may  perhaps  be  answered^  "  that  we  have 
agreed  to  the  terms  of  the  stipulations,  accord- 
ing to  their  true  meaning,  which  the  governor  re- 
fuses to  do."  Surely,  sir,  it  will  require  no  slight 
sagacity  in  distinguishing,  no  common  force  of  ar- 
gument, to  persuade  his  majesty  and  his  council, 
that  the  refusal  to  comply  with  the  true  meaning  of 

VOL.  i.  B 


the  stipulations  proceeds  from  the  governor,  when 
he  insists  on  inserting  in  our  bill  the  very  words 
and  letters  of  those  stipulations. 

"  BUT  these  stipulations  were  never  intended  to 
be  inserted  verbatim  in  our  bills,  and  our  construc- 
tion is  the  most  just."     I  grant  it  appears  so  to  us, 
but  much  I  doubt,  whether  his  majesty's  council 
will  be  of  the  same  opinion.     That  board  and  this 
house  have  often  differed  as  widely  in  their  senti- 
ments.    Our  judgment  is  founded  on   the  know- 
ledge we  have  of  facts,  and  of  the  purity  of  our  in- 
tentions.    The  judgment  of  others,  is  founded  on 
the  representations  made  to  them,  of  those  facts 
and  intentions.     These  representations  may  be  un- 
just ;  and  therefore  the  decisions  that  are  formed 
upon  them  may  be  erroneous.     If  we  are  rightly 
informed,  we  are  represented  as  the  mortal  enemies 
of  the  proprietors,  who  would  tear  their  estates  to 
pieces,   unless  some  limit  was  fixed  to  our  fury. 
For   this  purpose  the   second  and  third  articles  of 
the  stipulations  were  formed;     The  inequality  of 
the  mode  was  explained  and  enlarged  upon  by  the 
provincial  council ;   but  in  vain.     I  think,  I  have 
heard  a  worthy  member  who  lately  returned  from 
England,  mention  these  circumstances. 

IF  this  be  the  case,  what  reasonable  hope  can 
we  entertain,  of  a  more  favourable  determination 


now  ?  The  proprietors  are  still  living.  Is  it  not 
highly  probable  that  they  have  interest  enough,  ei- 
ther to  prevent  the  change,  or  to  make  it  on  such 
terms,  as  will  fix  upon  us  for  ever,  those  demands 
that  appear  so  extremely  just  to  the  present  minis- 
ters  ?  One  of  the  proprietors  appears  to  have 
great  intimacy  and  influence,  with  some  very  con- 
siderable members  of  his  majesty's  council*  Ma- 
ny men  of  the  highest  character,  if  public  reports 
speak  truth,  are  now  endeavouring  to  establish 
proprietary  governments,  and  therefore  probably 
may  be  more  readily  inclined  to  favour  proprietary 
measures.  The  very  gentlemen  who  formed  the 
articles  of  the  stipulations,  are  now  in  power,  and 
no  doubt  will  inforce  their  own  acts  in  the  strictest 
manner.  On  the  other  hand,,  every  circumstance 
that  now  operates  against  us,  may  in  time  turn  in 
our  favour.  We  may  perhaps  be  fortunate  enough, 
to  see  the  present  prejudices  against  us  worn  off: 
to  recommend  ourselves  to  our  sovereign  :  and  to 
procure  the  esteem  of  some  of  his  ministers.  I 
think  I  may  venture  to  assert,  that  such  a  period 
will  be  infinitely  more  proper  than  the  present^  for 
attempting  a  change  of  our  government. 

.  WITH  the  permission  of  the  house,  I  will  now 
consider  the  manner  in  which  this  attempt  is  car- 
ried on ;  and  I  must  acknowledge,  that  I  do  not  in 
the  least  degree  approve  of  it. 


THE  time  may  come,  when  the  weight  of  this 
government  may  grow  too  heavy  for  the  shoulders 
of  a  subject ;  at  least,  too  heavy  for  those  of  a  wo- 
man, or  an  infant.  The  proprietary  family  may  be 
so  circumstanced,  as  to  be  willing  to  accept  of  such 
an  equivalent  for  the  government  from  the  crown, 
as  the  crown  may  be  willing  to  give.  Whenever 
this  point  is  agitated,  either  on  a  proposal  from 
the  crown  or  proprietors,  this  province  may  plead 
the  cause  of  her  privileges  with  greater  freedom, 
and  with  greater  probability  of  success,  than  at 
present.  The  royal  grant ;  the  charter  founded 
upon  it ;  the  public  faith  pledged  to  the  adventur- 
ers, for  the  security  of  those  rights  to  them  and 
their  posterity,  whereby  they  were  encouraged  to 
combat  the  dangers,  I  had  almost  said,  of  another 
world  ;  to  establish  the  British  power  in  remotest 
regions,  and  add  inestimable  dominions  with  the 
most  extensive  commerce  to  their  native  country  ; 
the  high  value  and  veneration  we  have  for  these 
privileges  ;  the  affiicting  loss  and  misfortune  we 
should  esteem  it,  to  be  deprived  of  them,  and  the 
unhappiness  in  which  his  majesty's  faithful  sub- 
jects in  this  province  would  thereby  be  involved  ; 
our  inviolable  loyalty  and  attachment  to  his  majes- 
ty's person  and  illustrious  family,  whose  sovereign- 
ty hath  been  so  singularly  distinguished  by  its  fa- 
vourable influence  on  the  liberties  of  mankind.- 

ALL  these  things  may. then  be  properly  insisted  on. 


(      13     ) 

If  urged  with  that  modest  heart-felt  energy,  with 
which  good  men  should  always  vindicate  the  inte- 
rests of  their  country,  I  should  not  despair  of  a  gra- 
cious attention,  to  our  humble  requests.  Our  pe- 
tition in  such  a  case,  would  be  simple,  respectful, 
and  perhaps  affecting. 

BUT  in  the  present  mode  of  proceeding,  it  seems 
to  me,  that  we  preclude  ourselves  from  every  office 
of  decent  duty  to  the  most  excellent  of  kings  ;  and 
from  that  right  of  earnestly  defending  our  privi- 
leges, which  we  should  otherwise  have.  The  foun- 
dation of  this  attempt,  I  am  apprehensive,  will  ap- 
pear to  others  peculiarly  unfortunate.  In  a  sud- 
den passion,  it  will  be  said,  against  the  proprietors, 
we  call  out  for  a  change  of  government.  Not  from 
reverence  for  his  majesty  ;  not  from  a  sense  of  his 
paternal  goodness  to  his  people  ;  but  because  we 
are  angry  with  the  proprietors  ;  and  tired  of  a  dis- 
pute founded  on  an  order  approved  by  his  majesty, 
his  royal  grandfather. 


OUR  powerful  friends  on  the  other  .side  of  the 
Atlantic,  who  are  so  apt  to  put  the  kindest  con- 
structions on  our  actions,  wTill  no  doubt  observe, 
"  that  the  conduct  of  the  people  of  Pennsylvania, 
must  be  influenced  by  very  extraordinary  councils, 
since  they  desire  to  come  more  immediately  under 
the  king's  command,  BECAUSE  they  will  not  obey 


those  royal  commands,  that  have  been  already  sig- 
nified to  them." 

BUT  here  it  will  be  faid  ;  nay  it  has  been  faid  ; 
and  the  petition  before  the  houfe  is  drawn  accord- 
ingly ;  "  we  will  not  alledge  this  difpute  with  the 
governor  on  the  flipulations,  but  the  general  in- 
conveniencies  of  a  proprietary  government,  as  the 
caufe  of  our  defiring  a  change."  'Tis  true  we  may 
a£t  in  this  artful  manner,  but  what  advantages  fhall 
we  gain  by  it  ?  Though  we  ihould  keep  the  fecret, 
can  we  feal  up  the  lips  of  the  proprietors  ?  Can 
we  recal  our  meflages  to  the  governor  ?  Can  we 

annihilate  our  own  refolves  ?     Will  not  all will 

not  any  of  these  discover  the  true  cause  of  the  pre- 
sent attempt  ? 

WHY  then,  should  we  unnecessarily  invite  fresh 
invectives  in  the  very  beginning  of  a  moft  import- 
ant business,  that  to  be  happily  concluded,  requires 
all  the  favour  we  can  procure,  and  all  the  dexterity 
we  can  practise  ? 

WE  intend  to  surround  the  throne  with  petitions, 
that  our  government  may  be  changed  from  propri- 
etary to  royal.  At  the  same  time  we  mean  to  pre- 
serve our  privileges  :  but  how  are  these  two  points 
to  be  reconciled ..? 


(       13      ) 

IF  we  express  our  desire  for  the  preservation  of 
our  privilges,  in  so  general  or  faint  a  manner,  as 
may  induce  the  king  to  think,  they  are  of  no  great 
consequence  to  us,  it  will  be  nothing  less  than  to 
betray  our  country. 

IF  on  the  other  hand  we  inform  his  majefty, — 
"  that  tho'  we  request  him  to  change  the  govern- 
ment, yet  we  insist  on  the  preservation  of  our  pri- 
vileges," certainly  it  will  be  thought  an  unprece- 
dented stile  of  petitioning  the  crown,  that  humbly 
asks  a  favour,  and  boldly  prescribes  the  terms,  on 
which  it  must  be  granted. 

How  then  shall  we  act?  Shall  we  speak,  or  shall 
we  suppress  our  sentiments  ?  The  first  method 
will  render  our  request  incoherent:  the  second  will 
render  it  dangerous.  Some  gentlemen  are  of  opi- 
nion, that  these  difficulties  may  be  solved,  by  in- 
trusting the  management  of  this  affair  to  an  agent : 
but  I  see  no  reason  to  expect  such  an  effect.  I 
would  first  observe,  that  this  matter  is  of  too  pro- 
digious consequence  to  be  trusted  to  the  discretion 

of  an  agent. But  if  it  shall  be  committed  by 

this  house,  the  proper  guardian  of  the  public  li- 
berties, to  other  hands,  this  truth  must  at  some 
time  or  other  be  disclosed,  "  that  we  will  never 
consent  to  a  change,  unless  our  privileges  are  pre- 
served.'* I  should  be  glad  to  know,  with  what 


finesse  this  matter  is  to  be  conducted.  Is  the  agent 
to  keep  our  petition  to  the  crown  in  his  pocket,  till 
he  has  whispered  to  the  ministry  ?  Will  this  be 
justifiable  ?  Will  it  be  decent?  Whenever  he  ap- 
plies to  them,  I  presume,  they  will  desire  to  know 
his  authority  for  making  such  an  application.  Then 
cur  petition  must  appear ;  arid  whenever  it  does 
appear,  either  at  first  or  last,  tbat  and  the  others 
transmitted  with  it,  I  apprehend,  will  be  the  foun^- 
dation  of  any  resolutions  taken  in  the  king's  coun- 
cil. 

THUS,  in  whatever  view  this  transaction  is  con- 
sidered, shall  we  not  still  be  involved  in  the  dilem- 
ma already  mentioned*  u  of  begging  a  favour  from 
his  majesty's  goodness,  and  yet  shewing  a  distrust 
that  the  royal  hand,  stretched  out  at  our  own  re- 
quest for  our  relief,  may  do  us  an  injury  ?" 

LET  me  suppose,  and  none  can  offer  the  least 
proof  of  this  supposition  being  unreasonable,  that 
his  majesty  will  not  accept  of  the  government, 
clogged,  as  it  will  be  said,  with  privileges  inconsist- 
ent with  the  royal  rights  :  how  shall  we  act  then  ? 
We  shall  have  our  choice  of  two  things  :  one  of 
them  destructive  :  the  other  dishonourable.  We 
may  either  renounce  the  laws  and  liberties  framed 
and  delivered  down  to  us  by  our  careful  ancestors : 
or  we  may  tell  his  majesty  with  a  surly  discontent, 


(       '7       ) 

u  that  we  will  not  submit  to  his  implored  protec- 
tion, but  on  such  conditions,  as  we  please  to  im- 
pose on  him."  Is  not  this  the  inevitable  alterna- 
tive, to  which  we  shall  reduce  ourselves  ? 

IN  short,  sir,  I  think  the  farther  we  advance  in 
the  path  we  are  now  in,  the  greater  will  be  the  con- 
fusion and  danger  in  which  we  shall  engage  our- 
selves. Any  body  of  men  acting  under  a  charter, 
must  surely  tread  on  slippery  ground,  when  they 
take  a  step  that  may  be  deemed  a  surrender  of  that 
charter.  For  my  part,  I  think  the  petitions  that 
have  been  carried  about  the  city  and  country  to  be 
signed,  and  are  now  lying  on  the  table,  can  be  re- 
garded in  no  other  light,  than  as  a  surrender  of  the 
charter,  with  a  short  indifferent  hint  annexed  of  a 
desire,  that  our  privileges  may  be  spared,  if  it  shall 
be  thought  proper.  Many  striking  arguments  may 
in  my  opinion  be  urged,  to  prove  that  any  request 
made  by  this  house  for  a  change,  may  with  still 
greater  propriety  be  called  a  surrender.  The  com- 
mon observation,  "  that  many  of  our  privileges  do 
not  depend  on  our  charter  only,  but  are  confirmed 
by  laws  approved  by  the  crown, "  I  doubt  will  have 
but  little  weight  with  those,  who  will  determine 
this  matter. 

IT  will  readily  be  replied,  "  that  these  laws  were 
founded  on  the  charter ;  that  they  were  calculated 
vot.   i.  C 


(       18       ) 

for  a  proprietary  government,  and  for  no  other,*  and 
approved  by  the  crown  in  that  view  alone  :  that 
the  proprietary  government  is  now  acknowledged 
by  the  people  living  under  it,,  to  be  a  bad  govern- 
ment ;  and  the  crown  is  intreated  to  accept  a  sur- 
render, of  it :  that  therefore  by  thus  abolishing  the 
proprietary  government,  every  thing  founded  upon 
it,  must  of  consequence  be  also  abolished." 

HOWEVER,  if  there  should  be  any  doubts  in  the 
law  on  these  points,  there  is  an  easy  way  to  solve 
them. 

*  THESE  reflections,  sir,  naturally  lead  me  to  con- 
sider the  consequences  that  may  attend  a  change  of 
our  government;  which  is  the  last  point  I  shall  trou- 
ble the  house  upon  at  this  time. 

IT  is  not  to  be  questioned,  but  that  the  ministry 
are  desirous  of  vesting  the  immediate  government 
of  this  province,  advantageously  in  the  crown. 
It  is  true,  they  do  not  choose  to  act  arbitrarily,  and 
tear  away  the  present  government  from  us,  with- 
out our  consent.  This  is  not  the  age  for  such 
things.  But  let  us  only  furnish  them  with -a  pre- 
text, by  pressing  petitions  for  a  change  ;  let  us 
only  relinquish  the  hold  we  now  have,  and  in  an 
instant  we  are  precipitated  from  that  envied  height 
where  we  now  stand.  The  affair  is  laid  before  the 


C      '9      ) 

parliament,  the  desires  of  the  ministry  are  insinu- 
ated, the  rights  of  the  crown  are  vindicated,  and 
an  act  passes  to  deliver  us  at  once  from  the  govern- 
ment of  proprietors,  and  the  privileges  we  claim 
under  them. 

THEN,  sir,  we  who  in  particular  have  present- 
ed to  the  authors  of  the  fatal  change,  this  long- 
wished  for  opportunity  of  effecting  "it,  shall  for  our 

assistance,  be  entitled  to  their  thanks Thanks  ! 

which  I  am  persuaded,  every  worthy  member  of 
this  house  would  abhor  to  deserve,  and  would 
scorn  to  receive. 

IT  seems  to  be  taken  for  granted,  that  by  a 
change  of  government,  we  shall  obtain  a  change  of 
those  measures  which  are  so  displeasing  to  the  peo- 
ple of  this  province that  justice  will  be  main- 
tained by  an  equal  taxation  of  the  proprietary  estates 
— — and  that  our  frequent  dissentions  will  be  turn- 
ed into  peace  and  happiness. 

THESE  are  effects  indeed  sincerely  to  be  wished 
for  by  every  sensible,  by  every  honest  man  :  but 
reason  does  not  always  teach  us  to  expect  the  warm 
wishes  of  the  heart.  Could  our  gracious  sovereign 
take  into  consideration,  the  state  of  every  part  of 
his  extended  dominions,  we  might  expect  redress 
of  every  grievance  :  for  with  the  most  implicit  con- 


(         20         ) 

viction  I  believe,  he  is  as  just,  benevolent,  and 
amiable  a  prince,  as  heaven  ever  granted  in  its 
mercy  to  bless  a  people.  I  venerate  his  virtues  be- 
yond all  expression..  But  his  attention  to  our  par- 
ticular circumstances  being  impossible,  we  must  re- 
ceive our  fate  from  ministers ;  and  from  them,  I  do 
not  like  to  receive  it. 

WE  are  not  the  subjects  of  ministers  ;  and  there- 
fore it  is  not  to  be  wondered  at,  if  they  do  not  feel 
that  tenderness  for  us,  that  'a  good  prince  will  al- 
ways feel  for  his  people.  Men  are  not  born  minis- 
ters. Their  ambition  raises  them  to  authority  ; 
,and  when  possessed  of  it,  one  established  principle 
with  them  seems  to  be,  u  never  to  deviate  from  a 
ic  precedent  of  power." 

DID  we  not  find  in  the  late  war,  tho'  we  exerted 
ourselves  in  the  most  active  manner  in  the  defence 
of  his  majesty's  dominions,  and  in  promoting  the 
service  of  the  crown,  every  point  in  which  the  pro- 
prietors thought  fit  to  make  any  opposition,  decided 
against  us  ?  Have  we  not  also  found,  since  the  last 
disturbance  of  the  public  peace  by  our  savage  ene- 
mies, the  conduct  of  the  late  governor  highly  ap- 
plauded by  the  ministry,  for  his  adherence  to  those 
very  stipulations  now  insisted  on  ;  and  ourselves 
subjected  to  the  bitterest  reproaches,  only  for  at- 
tempting to  avoid  burthens,  that  were  thought  ex- 


tremely  grievous.     Other  instances  of  the  like  kind 
I  pass  over,  to  avoid  a  tedious  recapitulation. 

SINCE  then,  the  gale  of  ministerial  favour  has  in 
all  seasons  blown  propitious  to  proprietary  interests, 
why  do  we  now  fondly  flatter  ourselves,  that  it  will 
suddenly  shift  its  quarter  ?  Why  should  we  with  an 
amazing  credulity,  now  fly  for  protection  to  those 
men,  trust  every  thing  to  their  mercy,  and  ask  the 
most  distinguishing  favours  from  their  kindness, 
from  whom  we  complained  a  few  months  ago,  that 
AVC  could  not  obtain  the  most  reasonable  requests  ? 
Surely,  sir,  we  must  acknowledge  one  of  these  two 
things ;  either,  that  our  complaint  was  then  un- 
just;  or,  that  our  confidence  is  now  unwarranted. 
For  my  part,  I  look  for  a  rigid  perseverance  in  for- 
mer measures.  With  a  new  government,  I  expect 
new  disputes.  The  experience  of  the  royal  colo- 
nies convinces  me,  that  the  immediate  government 
of  the  crown,  is  not  a  security  for  that  tranquility 
and  happiness  we  promise  ourselves  from  a  change. 
It  is  needless  for  me  to  remind  the  house,  of  all 
the  frequent  and  violent  controversies  that  have 
happened  between  the  king's  governors  in  several 
provinces,  and  their  assemblies.  At  this  time,  if  I 
am  rightly  informed,  Virginia  is  struggling  against 
an  instruction,  that  will  be  attended,  as  that  co- 
lony apprehends,  with  the  most  destructive  conse- 
quences, if  carried  into  execution. 


(        22        ) 

INDEED,  sir,  it  seems  vain  to  expect,  where  the 
spirit  of  liberty  is  maintained  among  a  people,  that 
public  contests  should  not  also  be  maintained. 
Those  who  govern,  and  those  \vho  are  governed, 
seldom  think  they  can  gain  too  much  on  one  ano- 
ther. Power  is  like  the  ocean ;  not  easily  admit- 
ting limits  to  be  fixed  in  it.  It  must  be  in  motion. 
Storms  indeed  are  not  desirable ;  but  a  long  dead 
calm  is  not  to  be  looked  for  ;  perhaps,  not  to  be 
wished  for.  Let  not  us  then,  in  expectation  of 
smooth  seas,  and  an  undisturbed  course,  too  rashly 
venture  our  little  vessel  that  hath  safely  sailed 
round  our  own  well  known  shores,  upon  the  midst 
of  the  untryed  deep,  without  being  first  fully  con- 
vinced, that  her  make  is  strong  enough  to  bear  the 
weather  she  may"  meet  with,  and  that  she  is  well 
provided  for  so  long  and  so  dangerous  a  voyage. 

No  man,  sir,  amongst  us  hath  denied,  or  will 
-deny,  that  this  province  must  stake  on  the  event 
of  the  present  attempt,  liberties  that  ought  to  be 
immortal Liberties  !  founded  on  the  acknow- 
ledged rights  of  human  nature  ;  and  restrained  in 
our  mother-country,  only  by  an  unavoidable  neces- 
sity of  adhering  in  some  measure,  to  long  estab^ 
lished  customs.  Thus  hath  been  formed  between 
old  errors  and  hasty  innovations,  an  entangled 
chain,  that  our  ancestors  either  had  not  moderation 
or  leisurt  enough  to  untwist. 


I  WILL  now  briefly  enumerate,  as  well  as  Lean 
recollect,  the  particular  privileges  tf  Pennsylvania. 

IN  the  first  place,  we  here  enjoy  that  best  and 
greatest  of  all  rights,  a  perfect  religious  freedom., 

POSTS  of  honour  and  profit  are  unfettered  with 
oaths  or  tests  ;  and  therefore  are  open  to  men, 
whose  abilities,  strict  regard  to  their  conscientious 
persuasion,  and  unblemished  characters  qualify 
them  to  discharge  their  duties  with  credit  to  them- 
selves, and  advantage  to  their  country. 

THE  same  wisdom  of  our  laws,  has  guarded 
against  the  absurdity  of  granting  greater  credit  even 
to  villains,  if  they  will  swear,  than  to  men  of  virtue, 
who  from  religious  motives  cannot.  Therefore 
those  who-  are  conscientiously  scrupulous  of  taking 
an  oath,  are  admitted  as  witnesses  in  criminal  cases. 
Our  legislation  suffers  no  checks,  from  a  councif 
instituted,*  in  fancied  imitation  of  the  house  of 
lords.  By  the  right  of  sitting  on  our  own  adjourn- 
ments, we  are  secure  of  meeting,  when  the  public 
good  requires  it :  and  of  not  being  dismist,  when 
private  passions  demand  it.  At  the  same  time, 
the  strict  discharge  of  the  trust  committed  to.  us,  is 
inforced  by  the  short  duration  of  our  power,  which 
must  be  .renewed  by  our  constituents  every  year* 

*  .Appointed  by  the  crown.. ( 


(      24      ) 

NOR  are  the  people  stript  of  all  authority,  in  the 
execution  of  laws*  They  enjoy  the  satisfaction  of 
having  some  share,  by  the  appointment  of  provincial 
commissioners,  in  laying  out  the  money  which  they 
raise  ;  and  of  being  in  this  manner  assured,  that  it 
is  applied  to  the  purposes,  for  which  it  was  granted. 
They  also  elect  sheriffs  and  coroners ;  officers  of 
so  much  consequence,  in  every  determination  that 
affects  honour,  liberty,  life  or  property. 

LET  any  impartial  person  reflect,  how  contradic- 
tory some  of  these  privileges  are  to  the  principles 
of  the  English  constitution,  and  how  directly  op- 
posite others  of  them  are  to  the  settled  prerogatives 
of  the  crown  ;  and  then  consider,  what  probability 
we  have  of  retaining  them  on  a  requested  change  : 
that  is  of  continuing  in  fact  a  proprietary  govern- 
ment, though  we  humbly  pray  the  king  to  change 
this  government  into  royal.  Not  unaptly,  in  my 
opinion,  the  connection  between  the  proprietary 
family,  and  this  province,  may  be  regarded  as  a 
marriage.  Our  privileges  may  be  called  the  fruits- 
of  that  marriage.  The  domestic  peace  of  this 
family,  it  is  true,  has  not  been  unvexed  with  quar- 
rels, and  complaints  :  but  the  pledges  of  their 
affection  ought  always  to  be  esteemed  ;  and  when- 
ever the  parents  on  an  imprudent  request  shall  be 
divorced^  much  I  fear,  that  their  issue  will  be  de- 
clared illegitimate. ^Thh  I  am  well  persuaded 


of,  that  surprizing  must  our  behaviour  appear  to 
all  men,  if  in  the  instant  when  we  apply  to  his  ma- 
jesty for  relief  from  what  we  think  oppression,  we 
should  discover  a  resolute  disposition  to  deprive 
him  of  the  uncontroverted  prerogatives  of  his  royal 
dignity. 

AT  this  period,  when  the  administration  is  regu- 
lating new  colonies,  and  designing,  as  we  are  told, 
the  *  strictest  reformations  in  the  old,  it  is  not 
likely  that  they  will  grant  an  invidious  distinction 
in  our  favour.  Less  likely  is  it,  as  that  distinction 
will  be  liable  to  so  many,  and  such  strong  constitu- 
tional objections ;  and  when  we  shall  have  the 
weight  both  of  the  clergy  and  ministry,  and  the 
universally  received  opinions  of  the  people  of  our 
mother  country  to  contend  with. 

I  mean  not,  sir,  the  least  reflection  on  the  church 
of  England.  I  reverence  and  admire  the  purity  of 
its  doctrine,  and  the  moderation  of  its  temper.  I 
am  convinced,  that  it  is  filled  with  learned  and  with 
excellent  men  :  but  all  zealous  persons,  think  their 
own  religious  tenets  the  best,  and  would  willingly 


*  Some  late  acts  of  parliament  shew  WHAT  STRICT  REFORMATIONS  are 
to  be  made  in  the  colonies. 

VOL.    I.  D 


see  them  embraced  by  others.  I  therefore  appre- 
hend, that  the  dignified  and  reverend  gentlemen  of 
the  church  of  England,  will  be  extremely  desirous 
to  have  that  church  as  well  secured,  and  as  much 
distinguished  as  possible  in  the  American  colonies; 
especially  in  those  colonies,  where  it  is  overborne, 
as  it  were,  by  dissenters.  There  never  can  be  a 
more  critical  opportunity  for  this  purpose  than  the 
present.  The  cause  of  the  church  will  besides  be 
connected  with  that  of  the  crown,  to  which  its  prin- 
ciples are  thought  to  be  more  favourable,  than 
those  of  the  other  professions. 

WE  have  received  certain  information,  that  the 
conduct  of  this  province  which  has  been  so  much 
censured  by  the  ministry,  is  attributed  to  the  influ- 
ence of  one  religious  society. We  also  know, 

that  the  late  tumultuous  and  riotous  proceedings, 
represented  in  so  strong  a  light  by  the  petition  now 
before  the  house,  have  been  publicly  ascribed  to  the 
influence  of  another  religious  society.  Thus  the 
blame  of  every  thing  disreputable  to  this  province 
is  cast  on  one  or  the  other  of  these  dissenting  sects. 
Circumstances  !  that  I  imagine,  will  neither  be  for- 
gotten, nor  neglected. 

WE  have  seen  the  event  of  our  disputes  concern- 
ing the  proprietary  interests  ;  and  it  is  not  to  be 
expected,  that  our  success  will  be  greater,  when  our 


(       27      ) 

opponents  become  more  numerous  ;  and  will  have 
more  dignity,  more  power,  and  as  they  will  think , 
more  law  on  their  side. 

THESE  are  the  dangers,  sir,  to  which  we  are 
now  about  to  expose  those  privileges,  in  which 
we  have  hitherto  so  much  gloried.  Wherefore  ? 
To  procure  two  or  three,  perhaps  four  or  five  hun- 
dred pounds  a  year,  (for  no  caculation  has  carried 
the  sum  higher)  from  the  proprietors,  for  two  or 
there  or  four  or  five  years,  for  so  long  and  something 
longer,  perhaps,  the  taxes  may  continue. 

BUT  are  we  sure  of  gaining  this  point  ?  We  are 
not.  Are  we  sure  of  gaining  any  other  advantage  ? 
We  are  not.  Are  we  sure  of  preserving  our  privi- 
leges I  We  are  not.  Are  we  under  a  necessity  of 
pursuing  the  measure  proposed  at  this  time?  We 
are  not. 

HERE,  sir,  permit  me  to  make  a  short  pause. 
Permit  me  to  appeal  to  the  heart  of  every  member 
in  this  house,  and  to  entreat  him  to  reflect,  how  far 
he  can  be  justifiable  in  giving  his  voice,  thus  to 
hazard  the  liberties  secured  to  us  by  the  wise  foun- 
ders of  this  province  ;  peaceably  and  fully  enjoyed 
by  the  present  age  ;  and  to  which  posterity  is  so 
justly  entitled. 


(     28       ) 

BUT,  sir,  we  are  told  there  is  no  danger  of  losing 
our  privileges,  if  our  government  should  be  chang- 
ed, and  two  arguments  are  used  in  support  of  this 
opinion. — The  first  is,  "  That  the  government  of 
the  crown  is  exercised  with  so  much  lenity  in  Ca- 
rolina and  the  Jerseys  " 1  cannot  perceive  the 

least  degree  of  force  in  this  argument.  As  to 
Carolina,  I  am  not  a  little  surprized,  that  it  should 
be  mentioned  on  this  occasion,  since  I  never  heard 
of  any  privileges  that  colony  enjoys,  more  than  the 
other  royal  governments  in  America.  The  privi- 
leges of  the  Jerseys,  are  of  a  different  nature  from 
many  of  which  we  are  possest ;  and  are  more  con- 
sistent with  the  royal  prerogative. 

INDEED  1  know  of  none  they  have,  except  that 
the  people  called  Quakers  may  be  witnesses  in  cri- 
minal cases,  and  may  bear  offices.  Can  this  indul- 
gence shewn  to  them  for  a  particular  reason,  and 
not  contradictory  to  the  rights  of  the  crown,  give 
us  any  just  cause  to  expect  the  confirmation  of  pri- 
vileges directly  opposite  to  those  rights,  and  for 
confirming  wrhich  no  such  reason  exists.  But  per- 
fcaps  the  gentlemen,  who  advance  this  argument, 
mean,  that  we  shall  purchase  a  change  at  a  cheap 
price,  if  we  are  only  reduced  to  the  same, state  with 
the  Jerseys Surely,  sir,  if  this  be  their  mean- 
ing, they  entirely  forget  those  extraordinary  privi- 
leges, which  some  time  ago  were  mentioned. 


How  many  must  we  in  such  a  case  renounce  ? 
I  apprehend,  it  would  prove  an  argument  of  little 
consolation  to  these  gentlemen,  if  they  should  lose 
three  fourths  of  their  estates,  to  be  told,  that  they 
still  remain  as  rich  as  their  neighbours,  and  have 
enough  to  procure  all  the  necessaries  of  life. 

IT  is  somewhat  remarkable,  that  this  single  in- 
stance of  favour  in  permitting  an  affirmation  instead 
of  an  oath,  in  a  single  province,  should  be  urged  as 
so  great  an  encouragement  to  us,  while  there  are 
so  many  examples  of  another  kind  to  deter  us.  In 
what  royal  government  besides  the  Jerseys,  can 
one  of  the  people  called  Bakers  be  a  witness  in 
criminal  cases,  and  bear  offices  ?*  In  no  other. 
What  can  be  the  reason  of  this  distinction  in  the 
Jerseys  ?  Because  in  the  infancy  of  that  colony, 
when  it  came  under  the  government  of  the  crown, 
there  was,  as  appears  from  authentic  vouchers,  an 
ABSOLUTE  NECESSITY  from  the  scarcity  of  other 
proper  persons,  to  make  use  of  the  people  called 
^takers  in  public  employments.  Is  there  such  a 
necessity  in  this  province  ?  Or  can  the  ministry  be 
persuaded,  that  there  is  such  a  necessity  ?  No,  sir, 
those  from  wrhom  they  will  receive  their  informa- 
tion, will  grant  no  such  thing  ;  and  therefore  I 


*  It  is  said,  that  a  Quaker  was  lately  committed  to  goal  in  New*  York, 
because  he  would  not  swear  in  a  criminal  case. 


(      So      ) 

think  there  is  the  most  imminent  danger,  in  case 
of  a  change,  that  the  people  of  this  society  will  lose 
the  exercise  of  those  rights,  which,  tho'  they  ARE 

IN  TITLED  TO  AS  MEN,  YET  SUCH  IS  THE  SITUA- 
TION OF  HUMAN  AFFAIRS,  they  with  difficulty  can 
find  a  spot  on  the  whole  globe  where  they  are 
allowed  to  enjoy  them.  It  will  be  an  argument  of 
some  force  I  am  afraid,  that  the  church  of  England 
can  never  expect  to  raise  its  head  among  us,  while 
we  are  encouraged,  as  it  will  be  said,  in  dissenti- 
on  :  but  if  an  oath  be  made  necessary  for  obtaining 
offices,  of  honour  and  profit ;  it  will  then  be  expect- 
ed that  any  of  the  people  called  Quakers  who  are 
tempted  to  renounce  their  principles,  will  undoubt- 
edly make  an  addition  to  the  established  church, 

IF  any  other  consideration  than  that  which  has 
been  mentioned,  was  regarded  in  granting  that  in- 
dulgence in  the  Jerseys,  tho'  no  other  is  exprest, 
it  seems  not  improbable,  that  the  nearness  of  this 
province  might  have  had  some  weight,  as  from  its 
situation  it  afforded  such  strong  temptations  to  the 
inhabitants  of  the  Jerseys  to  remove  hither,  had 
they  been  treated  with  any  severity. 

THEIR  government  in  some  measure  was  formed 
in  imitation  of  our  government ;  but  when  this  is 
altered,,  the  English  constitution  must  be  the  mo- 
del, by  which  it  will  be  formed. 


.          (      S»      ) 

HERE  it  will  be  said,  "  this  cannot  be  done  but 
by  the  parliament ;  and  will  a  British  parliament 
do  such  an  act  of  injustice,  as  to  deprive  us  of  our 
rights?"  This  is  the  second  argument,  used  to 
prove  the  safety  of  the, measures  now  proposed. 

CERTAINLY  the  British  parliament  will  not  do 
what  they  think  an  unjust  act :  but  I  cannot  per- 
suade myself,  that  they  will  think  it  unjust,  to  place 
us  on  the  same  footing  with  themselves.  It  will 
not  be  an  easy  task  to  convince  them,  that  the  peo- 
ple of  Pennsylvania  ought  to  be  distinguished  from 
'all  other  subjects,  under  his  majesty's  immediate 
government ;  or  that  such  a  distinction  can  answer 
any  good  purpose.  May  it  not  be  expected  that 
they  will  say,  "  No  people  can  be  freer  than  our- 
14  selves  ;  every  thing  more  than  we  enjoy  is  licen- 
44  tiousness,  not  liberty  :  any  indulgences  shewn 
44  to  the  colonies  heretofore,  were  like  the  inclul- 
44  gencies  of  parents  to  their  infants ;  they  ought 
44  to  cease  with  that  tender  age  ;  and  as  the  colo- 
44  nies  grow  up,  to  a  more  vigorous  state,  they 
44  ought  to  be  carefully  disciplined,  and  all  their 

44  actions  regulated  by  strict  laws. Above  all 

44  things  it  is  necessary,  that  the  prerogative  should 
44  be  exercised  with  its  full  force  in  our  American 
<c  provinces,  to  restrain  them  within  due  bounds, 
44  and  secure  their  dependence  on  this  kingdom. "* 

*  The  subsequent  conduct  of  Great  Britain^  has  fully  evinced  her  resolution 
to  adhere  to  such  political  maxims  as  these. 


(      32      ) 

I  AM  afraid,  that  this  will  be  the  opinion  of  the 
parliament,  as  it  has  been  in  every  instance,  the 
undeviating  practice  of  the  ministry. 

But,  sir,  it  may  be  said,  "  these  reasons  are  not 
"  conclusive,  they  do  not  demonstratively  prove, 
44  that  our  privileges  will  be  endangered  by  a* 
"  change."  I  grant  the  objection:  but  what  stronger 
reasons,  what  clearer  proofs  are  there,  that  they 
not  be  endangered  by  a  change. 


THEY  are  safe  now  ;  and  why  should  we  engage 
in  an  enterprize  that  will  render  them  uncertain  ? 
If  nothing  will  content  us  but  a  revolution  brought 
about  by  ourselves,  surely  we  ought  to  have  made 
the  strictest  inquiries  what  terms  we  may  expect  ; 
and  to  have  obtained  from  the  ministry  some  kind 
of  security  for  the  performance  of  those  terms. 

THESE  things  might  have  been  done.  They  are 
not  done.  If  a  merchant  will  venture  to  travel 
with  great  riches  into  a  foreign  country,  without  a 
proper  guide,  it  certainly  will  be  adviseable  for  him 
to  procure  the  best  intelligence  he  can  get,  of  the 
climate,  the  roads,  the  difficulties  he  will  meet  with, 
and  the  treatment  he  may  receive. 

I  PRAY  the  house  to  consider,  if  we  have  the 
slightest  security  that  can  be  mentioned,  except 


(      33      ) 

opinion  (if  that  is  any)  either  for  the  preservation 
of  our  present  privileges,  or  gaining  a  single  advan- 
tage from  a  change.  Have  we  any  writing  ?  have 
we  a  verbal  promise  from  any  minister  of  the 
crown  ?  We  have  not.  I  cannot  therefore  conceal 
my  astonishment,  that  gentlemen  should  require 
a  less  security  for  the  invaluable  rights  of  Pennsyl- 
vania, than  they  would  demand  for  a  debt  of  five 
pounds.  Why  should  we  press  forward  with  this 
unexampled  hurry,  when  no  benefit  can  be  deriv- 
ed from  it  ?  Why  should  we  have  any  aversion  to 
deliberation  and  delay,  when  no  injury  can  attend 
them  ? 

IT  is  scarcely  possible,  in  the  present  case,  that 
we  can  spend  too  much  time,  in  forming  resoluti- 
ons, the  consequences  of  which  are  to  be  perpetu- 
al. If  it  is  true,  as  some  aver,  that  we  can  now 
obtain  an  advantageous  change  of  our  government, 
I  suppose  it  will  be  also  true  next  week,  next 
month,  and  next  year  :  but  if  they  are  mistaken,  it 
will  be  early  enough,  whenever  it  happens,  to  be 
disappointed,  and  to  repent.  I  am  not  willing  to 
run  risques  in  a  matter  of  such  prodigious  import- 
ance, on  the  credit  of  any  mail's  opinion,  when  by  a 
small  delay,  that  can  do  no  harm,  the  steps  we  are 
to  take  may  become  more  safe.  Gideon,  tho'  he 
had  conversed  with  an  "  angel  of  the  Lord"  would 

VOL.   i.  E 


(      34      ) 

not  attempt  to  relieve  his  countrymen,  then  sorely 
opprest  by  the  Midianites,  least  he  should  involve 
them  in  greater  miseries,  until  he  was  convinced  by 
two  miracles  that  he  should  be  successful.  I  do 
not  say,  we  ought  to  wait  for  miracles  ;  but  I  think 
we  ought  to  wait  for  something,  which  will  be 
next  kin  to  a  miracle;  I  mean,  some  sign  of  a 
favourable  disposition  in  the  ministry  towards  us. 
1  should  like  to  see  an  olive  leaf  at  least  brought 
to  us,  before  we  quit  our  ark. 

PERMIT  me,  sir,  to  make  one  proposal  to  the 
house.  We  may  apply  to  the  crown  now,  as  free* 
ly  as  if  we  were  under  its  immediate  government. 
Let  us  desire  his  majesty's  judgment  on  the  point,* 
that  has  occasioned  this  unhappy  difference  between 
the  two  branches  of  the  legislature.  This  may  be 
done  without  any  violence,  without  any  hazard  to 
our  constitution.  We  say  the  justice  of  our  de- 
mands, is  clear  as  light ;  every  heart  must  feel  the 
equity  of  them. 

IF  the  decision  be  in  our  favour,  we  gain  a  con- 
siderable victory  ;  the  grand  obstruction  of  the 

*  This  point  was  one  of  the  stipulations  approved  by  the  crown,  in  favour 
of  the  proprietors,  with  respect  to  the  taxation  of  their  estate.  The  governor, 
one  branch  of  the  legislature,  insisted  upon  inserting  in  the  bill  then  under  consi- 
deration, the  words  of  the  stipulation  ;  and  thus  adhered  to  the  stipulation. 
The  house  of  assembly,  the  other  branch  of  the  legislature,  insisted  upon  tax- 
ing the  proprietary  estate,  without  being  thus  bound. 


(     35     ) 

public  service  is  removed  ;  and  we  shall  have  more 
leisure  to  carry  our  intentions  coolly  into  execution. 
If  the  decision  be  against  us,  I  believe  the  most 
zealous  amongst  us  will  grant  it  would  be  madness 
to  expect  success  in  any  other  contest.  This  will 
be  a  lingle  point,  and  cannot  meet  with  such  diffi- 
culties, as  the  procuring  a  total  alteration  of  the 
government.  Therefore  by  separating  it  from  other 
matters,  we  shall  soon  obtain  a  determination,  and 
know  what  chance  we  have  of  succeeding  in  things 
of  greater  value.  Let  us  try  our  fortune.  Let  us 
take  a  cast  or  two  of  the  dice  for  smaller  matters, 
before  we  dip  deeply.  Few  gamesters  are  of  so 
sanguine  a  temper,  as  to  stake  their  whole  wealth 
on  one  desperate  throw  at  first.  If  we  are  to  play 
with  the  public  happiness,  let  us  act  at  least  with 
as  much  deliberation,  as  if  we  were  betting  out  of 
our  private  purses* 

PERHAPS  a  little  delay  may  afford  us  the  pleasure 
of  finding  our  constituents  more  unanimous  in  their 
opinions  on  this  interesting  occasion  :  and  I  should 
choose  to  see  a  vast  majority  of  them  join  with  a 
calm  resolution  in  the  measure,  before  I  should 
think  myself  justifiable  in  voting  for  it,  even  if  I 
approved  of  it. 

THE  present  question  is  utterly  foreign  from  the 
purposes,  for  which  we  were  sent  into  this  place* 


(     36     ) 

There  was  not  the  least  probability  at  the  time  we 
were  elected,  that  this  matter  could  come  under 
our  consideration.  We  arc  not  debating  how 
much  monev  we  shall  raise  :  what  laws  we  shall 

•I 

pass  for  'the  regulation  of  property  ;  nor  on  any 
thing  of  the  same  kind,  that  arises  in  the  usual  par- 
liamentary course  of  business.  We  are  now  to 
determine,  whether,  a  step  shall  be  taken,  that 
may  produce  an  entire  change  of  our  constitution. 

IN  forming  this  determination,  one  striking  re- 
flection should  be  preserved  in  our  minds  ;  I  mean, 
"  that  we  are  the  servants  of  the  people  of  Pennsyl- 

"  varna" of  that  people,  who  have  been  induced 

by  the  excellence  of  the  present  constitution,  to 
settle  themselves  under  its  protection. 

THE  inhabitants  of  remote  countries,  impelled 
by  that  love  of  liberty  which  all-wise  Providence 
has  planted  in  the  human  heart,  deserting  their 
native  soils,  committed  themselves  with  their  help- 
less families  to  the  mercy  of  winds  and  waves,  and 
braved  all  the  terrors  of  an  unknown  wilderness,  in 
hopes  of  enjoying  in  these  woods,  the  exercise  of 
those  invaluable  rights,  which  some  unhappy  cir- 
cumstance had  denied  to  mankind  in  every  other 
part  of  the  earth. 

THUS,  sir,  the  people  of  Pennsylvania  may  be 


(       37       ) 

said  to  \\xvz-pnrchased  an  inheritance  in  its  consti- 
tution, at  a  prodigious  price  ;  and  I  cannot  believe, 
unless  the  strongest  evidence  be  offered,  that  they 
are  now  willing  to  part  with  that,  which  has  cost 
them  so  much  toil  and  expence. 

THEY  have  not  hitherto  been  disappointed  in 
their  wishes.  They  have  obtained  the  blessings 
they  sought  for, 

WE  have  received  these  seats  by  the  free  choice 
of  this  people,  under  this  constitution  ;  and  to  pre- 
serve it  in  its  utmost  purity  and  vigour,  has  always 
been  deemed  by  me,  a  principal  part  of  the  trust 
committed  to  my  care  and  fidelity.  The  measure 
now  proposed  has  a  direct  tendency  to  endanger 
this  constitution  ;  and  therefore  in  my  opinion,  we 
have  no  right  to  engage  in  it,  without  the  almost 
universal  consent  of  the  people ',  exprest  in  the  plain- 
est manner. 

I  THINK,  I  should  improperly  employ  the  atten- 
tion of  this  house,  if  I  should  take  up  much  time 
in  proving,  that  the  deputies  of  a  people  have  not 
a  right  by  any  law  divine  or  human,  to  change  the 
government  under  which  their  authority  was  dele- 
gated to  them,  without  such  a  consent  as  has  been 

mentioned. The  position  is    so   consonant  to 

natural  justice  and  common  sense,  that  I  believe  it 


(      38      ) 

never  has  been  seriously  controverted.  All  the 
learned  authors  that  I  recollect  to  have  mentioned 
this  matter,  speak  of  it  as  an  indisputable  maxim. 

IT  may  be  *  said  perhaps,  in  answer  to  this  ob- 
jection,  "  that  it  is  not  intended  to  change  the 

"  government,  but  the  governor."  This,  I  appre- 
hend, is  a  distinction  only  in  words.  The  govern- 
ment is  certainly  to  be  changed  from  proprietary  to 
royal;  and  whatever  may  be  intended,  the  question 
is,  whether  such  a  change  will  not  expose  our  pre- 
sent privileges  to  danger. 

IT  may  also  be,  said,  "  that  the  petitions  lying 
44  on  the  table,  are  a  proof  of  the  people's  con- 
"  sent."  Can  petitions  so  industriously  carried 
about,  and  after  all  the  pains  taken,  signed  only 
by  about  thirty-five  hundred  persons,  be  looked  on 
as  the  plainest  expressions  of  the  almost  univer- 
sal consent  of  the  many  thousands  that  fill  this  pro- 
vince ?  No  one  can  believe  it. 

IT  cannot  be  denied,  sir,  that  much  the  greatest 
part  of  the  inhabitants  of  this  province,  and  among 
them  men  of  large  fortunes,  good  sense,  and  fair 
characters,  who  value  very  highly  the  interest  they 
have  in  the  present  constitution,  have  not  signed 

*  This  was  frequently  said  in  the  house. 


(     39     ) 

these  petitions,  and  as  there  is  reason  to  apprehend, 
are  extremely  averse  to  a  change  at  this  time.—: — 
Will  they  not  complain  of  such  a  change  ?  And 
if  it  is  not  attended  with  all  the  advantages  they 
now  enjoy,  will  they  not  have  reason  to  complain  ? 
It  is  not  improbable,  that  this  measure  may  lay  the 
foundation  of  more  bitter,  and  more  lasting  dissen- 
tions  among  us,  than  any  we  have  yet  experienced. 

BEFORE  I  close  this  catalogue  of  unhappy  con- 
sequences,  that  I  expect  will  follow  our  request  of 
a  change,  I  beg  leave  to  take  notice  of  the  terms 
of  the  petition  that  is  now  under  the  consideration 
of  the  house. 

THEY  equally  excite  in  my  breast surprize, 

and  grief,  and  terror.  This  poor  province  is  alrea- 
dy sinking  under  the  weight  of  the  discredit  and 
reproaches,  that  by  some  fatality  for  several  years 
past,  have  attended  our  public  measures  ;  and  we 
not  only  seize  this  unfortunate  season  to  engage 
her  in  new  difficulties,  but  prepare  to  pour  on  her 
devoted  head,  a  load  that  must  effectually  crush  her. 

We  inform  the  king  by  this    petition,    that 

Pennsylvania  is  become  a  scene  of  confusion  and 
anarchy  :  that  armed  mobs  are  marching  from  one 
place  to  another  :  that  such  a  spirit  of  violence  and 
riot  prevails,  as  exposes  his  majesty's  good  sub- 
jects to  constant  alarms  and  danger  :  that  this 


(      40      ) 

tumultuous  disposition  is  so  general,  that  it  cannot 
be  controuled  by  any  powers  of  the 'present  govern- 
ment ;  and  that  we  have  not  any  hopes  of  return- 
ing to  a  statv  of  peace  and  safety,  but  by  being 
taken  under  his  majesty's  immediate  protection. 

I  c  A  N  K  o  T  think  this  a  proper  representation  of 
the  present  state  of  this  province.— — -Near  four 
months  are  elapsed,  since  the  last  riot:  and  I  do  not 
perceive  the  least  probability  of  our  being  troubled 
With  any  more.  The  rioters  were  not  only  success- 
fully opposed,  and  prevented  from  executing  their 
purpose  ;  but  we  have  reason  to  believe,  that  they 
were  convinced  of  their  error,  and  have  renounced 
all  thoughts  of  such  wild  attempts  for  the  future. 
To  whose  throat  is  the  sword  now  held  ?  -What  life 
will  be  saved  by  this  application  ?  Imaginary  dan- 
ger !  Vain  remedy  !  Have  we  not  sufficiently  felt 
the  effects  of  royal  resentment  ?  Is  not  the  author! - 
Ity  of  the  crown  fully  enough  exerted  over  us  ?  does 
|it  become  us  to  paint  in  the  strongest  colours,  the 
follies  or  the  crimes  of  our  countrymen  ?  To  re- 
[iiire  unnecessary  protection  against  men  who 
[intend  us  no  injury,  in  such  loose  and  general  ex- 
pressions, as  may  produce  even  the  establishment 

f)f  AN  ARMED  FORCE  aillOllg  US  ? 

WITH    unremitting  vigilance,   with   undaunted 
virtue,  should  a  free  people  watch  against  the  en- 


(      41      ) 

fcroachments  of  power,  ancj  remove  every  pretext 
for  its  extension. 

WE  are  a  dependent  colony ;  and  we  need  not 
doubt  that  means  will  be  used  to  secure  that  depend- 
ence. — — But  that  we  ourselves  should  furnish  a 
reason  for  settling  a  MILITARY  ESTABLISHMENT 
upon  us,  must  exceed  the  most  extravagant  wishes 
of  those,  who  would  be  most  pleased  with  such  a 
measure. 

WE  may  introduce  the  innovation,  but  we  shall 
not  be  able  to  stop  its  progress.  The  precedent 
will  be  pernicious.-- — If  a  specious  pretence  is 
afforded  for  maintaining  a  small  body  of  troops 
among  us  now,  equally  specious  pretences  will  ne- 
ver be  wanting  hereafter,  for  adding  to  their  num- 
bers. The  burthen  that  will  be  imposed  on  us  for 
their  support,  is  the  most  trifling  part  of  the  evil. 
The  poison  will  soon  reach  our  vitals.  Whatever 
struggles  we  may  make  to  expel  it, 

H<eret  lateri  let  halls  arundo— 

THE  dart  with  which  we  are  struck,  will  still 
remain  fixed — too  firmly  fixed,  for  our  feeble  hands 
to  draw  it  out.  Our  fruitless  efforts  will  but  irri- 
tate the  wound  :  and  at  length  we  must  tamely  sub- 

VOL.   j.  F 


(      42      ) 

mit  to- 1  quit  a  subject  too  painful  to  be   dwelt 

upon. 

THESE,  sir,  are  my  sentiments  on  the  petition 
that  has  occasioned  this  debate.  I  think  this  nei- 
ther the  proper  season,  nor  the  proper  method,  for 
obtaining  a  change  of  our  government.  It  is  uncer- 
tain, whether  the  measures  proposed  will  place  us 
in  a  better  situation,  than  we  are  now  in,  with 
regard  to  the  point,  lately  controverted  :  with  re- 
spect to  other  particulars  it  may  place  us  in  a  worse. 
We  shall  run  the  risque  of  suffering  great  losses. 
We  have  no  certainty  of  gaining  any  thing.  In 
seeking  a  precarious,  hasty,  violent  remedy  for  the 
present  partial  disorder,  we  are  sure  of  exposing 
the  'whole  body  to  danger.  I  cannot  perceive  the 
necessity  of  applying  such  a  remedy.  If  I  did,  I 
wrould  with  the  greatest  pleasure  pass  over  to  the 
opinion  of  some  gentlemen  who  differ  from  me, 
whose  integrity  and  abilities  I  so  much  esteem, 
that  whatever  reasons  at  any  time  influence  me  to 
agree  with  them,  I  always  receive  a  satisfaction 
from  being  on  their  side.  If  I  have  erred  now,  I 
shall  comfort  myself  with  reflecting,  that  it  is  an 
tnnocent  error.  Should  the  measures  pursued  in 
consequence  of  this  debate,  be  opposite  to  my  opin- 
ion ;  and  should  they  procure  a  change  of  govern- 
ment with  all  the  benefits  we  desire ;  I  shall  not 
envy  the  praise  of  others,  who  by  their  fortunate 


(      43      ) 

courage  and  skill  have  conducted  us  unhurt  through 
the  midst  of  such  threatening  dangers,  to  the  wish^ 
ed  for  port.  I  shall  cheerfully  submit  to  the  cen. 
sure  of  having  been  too  apprehensive  of  injuring 
the  people  of  this  province.  If  any  severer  sen- 
tence shall  be  passed  upon  me  by  the  worthy,  I 
shall  be  sorry  for  it ;  but  this  truth  I  am  convinced 
of;  that  it  will  be  much  easier  for  me  to  bear  the 
unmeritted  reflections  of  mistaken  zeal,  than  the 
just  reproaches  of  &  guilty  mind.  To  have  conceal- 
ed my  real  sentiments,  or  to  have  counterfeited 
such  as  I  do  not  entertain,  in  a  deliberation  of  so 
much  consequence  as  the  present,  would  have  been 
the  basest  hypocrisy.  It  may  perhaps  be  thought 
that  this  however  would  have  been  the  most  politic 
part  for  me  to  have  acted,  It  might  have  been  so. 
But  if  policy  requires,  that  our  words  or  actions 
should  belie  our  nearts,  I  thank  God  that  I  detest 
and  despise  all  its  arts^  and  all  its  advantages.  A 
good  man  ought  to  serve  his  country,  even  tho' 
she  resents  his  services.  The  great  reward  of 
honest  actions,  is  not  the  fame  or  profit  that  follows 
them,  but  the  consciousness  that  attends  them.  To 
discharge  on  this  important  occasion,  the  inviola- 
ble duty  I  owe  the  public,  by  obeying  the  unbiassed 
dictates  of  my  reason  and  conscience,  hath  been 
my  sole  view ;  and  my  only  wish  now  is,  that  the 
resolutions  of  this  house,  whatever  they  are,  may 
promote  the  happiness  of  Pennsylvania. 


THE 

LATE  REGULATIONS 

RESPECTING    THE 

BRITISH  COLONIES   ON   THE  CONTL 

NENT  OF  AMERICA, 

CONSIDERED, 

In  a  letter  from  a  gentleman  in  Philadelphia,  to  his  friend  in  London- 


Prosunt   minus  recte  excogitata;  cum  alias  incitent  saltern  ad  veritatis  investigationem. 

FULB.  A  BARTOL. 


PRINTED    AT    PHILADELPHIA,    1/65. 


T     H     E 


LATE  REGULATIONS 


RESPECTING  THE 


BRITISH    COLONIES, 


CONSIDERED. 


S  IR, 


I  last  wrote  to  you  and  said,  "  that  the 
"  late  measures  respecting  America,  would  not 
"  only  be  extremely  injurious  to  the  colonies,  but 
"  also  to  Great-Britain,"  I  little  thought  I  was 
entering  into  an  engagement,  which  would  oblige 
me  to  exceed  the  usual  limits  of  a  letter  :  but  since 
you  desire  to  have  at  large  the  reasons  in  support 
of  this  opinion,  and  I  always  think  it  my  duty  to 
comply  with  your  requests,  I  will  endeavour  in  the 
clearest  manner  I  can,  to  lay  my  sentiments  before 
you. 


(      48     ) 

THE  American  continental  colonies  are  inhabited 

•  •  ittaWEiM.*"*. .-  < . 

by  persons  of  small  fortunes,  who  are  so  closely 
employed  in  subduing  a  wild  country,  for  their  sub- 
sistence, and  who  would  labour  under  such  diffi- 
culties in  contending  with  old  and  populous  coun- 
tries, which  must  exceed  them  in  workmanship 
and  cheapness,  that  they  have  not  time  nor  any 
temptation  to  apply  themselves  to  manufactures. 

HENCE  arises  the  ^importance  of  the  colonies 
to  Great-Britain.  Her  prosperity  depends  on  her 
commerce  ;  her  commerce  on  her  manufactures ; 


*  It  has  been  said  in  the  house  of  commons,  when  complaints  have  been 
made  of  the  decay  of  trade  to  any  part  of  Europe,  "  that  such  things  were  not 
worth  regard,  as  Great-Britain  was  possest  of  colonies  that  could  consume 
more  of  her  manufactures  than  she  was  able  to  supply  them  with." 

"  As  the  case  now  stands,  we  shall  shew  that  the  plantations  are  a  spring  of 
wealth  to  this  nation,  that  they  tvork  for  us,  that  their  treasure  centers  all  berty 
and  that  the  laws  have  tied  them  fast  enough  to  us  ;  so  that  it  must  be  through 
our  own  fault  and  mismanagement,  if  they  become  independent  of  England''' 

DAVENANT  on  the  plantation  trade. 

"  It  is  better  that  the  islands  should  be  suppliecLfrom  the  northern  colonies 
than  from  England y  for  this  reason  ;  the  provisions  we  might  send  to  Barladoes, 
'Jamaica,  &c.  would  be  unimproved  product  of  the  earth,  as  grain  of  all  kinds, 
or  such  product  where  there  is  little  got  by  the  improvement,  as  malt,  salt, 
beef  and  pork  ;  indeed,  the  exportation  of  salt  fish  thither  would  be  more  ad- 
vantageous, but  the  goods  which  we  send  to  the  northern  coloniety  are  such, 
whose  improvement  may  be  justly  said  one  with  another,  to  be  nezr  four-Jiftbs  of 
the  value  of  the  whole  commodity,  as  apparel,  houshold-furniture,  and  many 
other  things."  Idem* 


(     49     ) 

her  manufactures  on  the  markets  for  them  ;   and 
the  most  constant  and  advantageous  markets   are 


"  New- England  is  the  most  prejudicial  plantation  to  the  kingdom  of 
land;  and  yet,  to  do  right  to  that  most  industrious  English  colony,  I  must  con- 
fess, that  though  we  lose  by  their  unlimited  trade  with  other  foreign  plantati- 
ons, yet  we  are  very  great  gainers  by  their  direct  trade  to  and  from  old  England. 
Our  yearly  exportation?  of  English*  manufactures,  malt  and  other  goods,  from 
hence  thither,  amounting,  in  my  opinion,  to  ten  times  the  value  of  what  is  im- 
ported from  thence ;  which  calculation  I  do  not  make  at  random,  but  upon 
mature  consideration,  and,  peradventure,  upon  as  much  experience  in  this  very  tradtt 
as  any  other  person  will  pretend  to  ;  and  therefore,  whenever  reformation  of 
our  correspondency  in  trade  with  that  people  shall  be  thought  on,  it  will,  in 
my  poor  judgment,  require  GREAT  TENDERNESS,  AND  VERY  SERIOUS  CIR- 
CUMSPECTION." 

Sir  JOSIAH  CHILD'S  discourse  on  trade. 

"  Our  plantations  spend  mostly  our  English  manufactures,  and  those  a£  all 
sorts  almost  imaginable^  in  evregious  quantities,  and  employ  near  tiuo-thirds  of  all 
»ur  English  shipping  ;  so  that  we  have  more  people  in  England,  by  reason  of  our 
plantations  in  America?*  Idem. 

Sir  JOSIAH  CHILD  says,  in  another  part  of  his  work,  "  that  not  more  than 
fifty  families  are  maintained  in  England  by  the  refining  of  sugar."  From 
whence,  and  from  what  Davenant  says,  it  is  plain,  that  the  advantages  here 
said  to  be  derived  from  the  plantations  by  England,  must  be  meant  chiefly  of 
the  continental  colonies.  See  notes  to  page  59  and  60. 

**  I  shall  sum  up  my  whole  remarks  on  our  American  colonies,  with  this  ob- 
servarion,  that  as  they  are  a  certain  annual  revenue  of  several  millions  sterling 
to  their  mother  country,  they  ought  carefully  to  be  protected,  duly  encouraged, 
and  every  opportunity  that  presents,  improved  for  their  increment  and  ad- 
vantage, as  every  one  they  can  possibly  reap,  must  at  last  return  to  us  with 
interest."  BEAWES'S  Lex  mere.  red. 

"  We  may  safely  advance,  that  our  trade  and  navigation  aie  greatly  in- 
creased by  our  colonies,  and  that  they  really  are  a  source  of  treasure  and  naval 

VOL.    I.  G 


(     50      ) 

afforded  by  the  colonies,  as  in  all  others  the  f  rest 
of  Europe  interferes  with  her,  and  various  accidents 
Inay  interrupt  them.  The  benefit  from  hence  is  at 
present  immense  ;  but  in  future  times  when  Ame- 
rica shalf  be  more  fully  peopled,  must  exceed  with 
prudent  management  the  warmest  wishes  of  a  Bri- 
tish patriot. 

OUR  chief  productions  are  provisions,  naval 
Stores,  furs,  iron  and  lumber.  A  few  colonies 
yield  tobacco  and  indigo.  Some  of  these  commo- 
dities are  necessary  to  Great-Britain  ;  but  all  that 
she  requires  are  vastly  insufficient  to  pay  for  her 
manufactures  which  we  want.  The  productions 
of  some  of  the  southern  colonies  may  perhaps  be 
equal  to  their  demands,  but  the  case  is  widely  dif- 


power  to  this  kingdom,  since  they  work  for  wj,  and  their  treasure  centers  lere* 
Before  their  settlement,  our  manufactures  were  few,  and  those  but  indifferent  ; 
the  number  of  English  merchants  very  small,  and  the  whole  shipping  of  the 
nation  much  inferior  to  what  now  belongs  to  the  northern  colonies  only. 
These  are  certain  facts.  But  since  their  establishment,  our  condition  has  altered 
for  the  better,  almost  to  a  degree  beyond  credibility. — Our  MANUFACTURES 
are  prodigiously  increased,  chiefly  by  the  demand  for  them  in  the  plantations, 
where  they  AT  LEAST  TAKE  OFF  ONE  HALF,  and  supply  us  with  many  valu- 
able commodities  for  exportation,  which  is  as  great  an  emolument  to  the  mo- 
iher  kingdom,  as  to  the  plantations  themselves." 

POSTLETHWAYT'S  univ.  diet,  of  trade  and  commerce. 

f  "  Most  of  the  nations  of  Europe  have  interfered  with  us,  more  or  less,  in 
divers  of  our  staple  manufactures,  within  half  a  century,  not  only  in  our  wool- 
len, but  in  our  lead  and  tin  manufactures,  as  well  as  our  fisheries." 

POSTLETHWAYT,  Hid. 


ferent  with  the  northern  ;  for  in  these,  the  import- 
ations from  Great-Britain  are  computed  to  be 
generally  more  than  double  the  value  of  their  imme-. 
diate  exhortations  to  that  kingdom, 

THE  only  expedient  left  us  for  making  our  remit- 
tances, is  to  carry  on  some  other  trade >  whereby  we 
can  obtain  silver  and  gold,  which  our  own  country 
does  not  afford.,  Hence  it  is  evident,  that  if  our 
taking  off  and  paying  for  her  manufactures,  is  bene- 
fi.cial  to  Great-Britain,  the  channels  by  which  we 
acquire  money  for  that  purpose,  ought  to  be  in- 
dustriously kept  open  and  uninterrupted.. 

OUR  trade  with  Spain >  Portugal  and  the  foreign 
plantations  in  the  litest -Indies  have  chiefly  answered 
this  end,  though  with  much  difficulty,  the  mother 
country  having  long  since  drawn  the  *  commercial 


*  As  far  as  regulations  are  requisite  to  confine  the  commerce  of  the  colo- 
nies to  British  subjects  and  to  Britisb  ships  ;  to  give  Great-Britain  the  prefer- 
ence in  being  supplied  with  naval  stores,  so  essential  to  her  strength  at  sea ; 
with  commodities  necessary  for  carrying  on  her  woollen  manufactures,  or  such 
articles  as  can  bear,  high  duties  upon  them,  and  thereby  make  a  considerable 
addition  to  the  revenue ;  or  as.  far  as  they  are  requisite  to  prevent  the  colonies 
from  being  supplied  with  any  thing  in  the  place  of  Britisb  manufactures,  they 
may  be  reasonable.  These  regulations,  it  is  apprehended,  establish  the  basis, 
of  the  Britisb  power  ;  and  form  such  a  firm  connection  between  the  mother 
country  and  her  colonies,  as  will  produce  all  the  advantages  she  ought  to  wish 
for,  or  that  they  can  afford  her.  Any  further  attempt  to  shackle  some  of  the 
colonies  in  favour  of  others,  or  to  advance  the  revenue  in  America  by  restrain- 
ing her  trade,  is  but  regulating  by  a  severe  exercise  cf  power,  what  wants  no 


(      52      ) 

cords  with  which  the  colonies  are  bound,  extremely 
tight  upon  them.  Every  thing  produced  here, 
that  Great-Britain  chooses  to  take  to  herself,  must 
be  carried  to  that  kingdomf  only — every  thing  we 
choose  to  import  from  Europe,  must  be  shipped  in* 

Great-Britain -heavy  duties  have  been  laid  on 

our  importations  from  the  foreign  plantations. 

HOWEVER  under  all  these  restraints  and  some 
others  that  have  been  imposed  on  us,  we  have  not 
till  lately  been  unhappy.  Our  spirits  were  not  de- 


regulation, and,  losing  by  too  much  haste  to  gain.  (See  notes  to  page  62. ) 
Unnecessary  and  irritating  restrictions,  will  at  last  cast  contempt  and  hatred  on 
those  substantial  ones,  that  length  of  time,  and  the  natural  reverence  of  colo- 
nies for  their  mother  country,  would  have  consecrated ;  for  discontented 
xriSds  are  not  apt  to  distinguish.  "  Narrow-limited  notions  in  trade  and 
planting,  are  only  advanced  by,  andean  only  be  of  use  to  particular  persons, 
but  are  always  injurious  to  the  public  interests,  in  preventing  the  full  employ- 
ment of  our  own  people,  and  giving  our  rivals  and  competitors  in  trade,  the 
opportunity  of  employing  greater  numbers  of  theirs,  producing  greater  quan- 
tities of  merchandizes,  and  underselling  us  at  foreign  markets." 

PQSTLETHWAYT'S  univ.  diet,  of  trade  and  commerce. 

f  Montesquieu,  speaking  of  the  contract  made  by  Poland  for  selling  all  her 
corn  to  Dantzick  ONLY  ;  and  another  of  the  like  nature  between  some  Indian 
princes  and  the  Dutch  for  spices,  says ;  "  these  agreements  are  proper  for  a 
poor  nation,  whose  inhabitants  are  satisfied  to  forego  the  hopes  of  enriching  them- 
tslves,  provided  they  can  be  secure  of  a  certain  subsistence  ;  or  for  nations,  whose 
SLAVERY  consists  either  in  renouncing  the  use  of  those  things  ivhich  nature  has  given 
them;  or  in  being  OBLIGED  TO  SUBMIT  TO  A  DISADVANTAGEOUS  COM- 
MERCE." 

*  Except  salt  from  any  part  of  Europe  for  the  fisheries  of  Newfoundland,. 
New-England,  Neiv-York  and  Pennsylvania ;  and  a  few  things  from  Ireland. 


(      S3      ) 

pressed. We  apprehended    no   design  formed 

against  our .  liberty.  We  for  a  long  time  enjoyed 
peace,  and  were  quite  free  from  any  heavy  debt, 
either  internal  or  external.  We  had  a  paper  cur- 
rency which  served  as  a  medium  of  domestic  com- 
merce, and  permitted  us  to  employ  all  the  gold  and 
silver  we  could  acquire,  in  trade  abroad.  We  had 
a  multitude  of  markets  for  our  provisions,  lumber 

and  iron. These  allowed  liberties,   with  some 

others  we  assumed,  enabled  us  to  collect  considera- 
ble sums  of  money  for  the  joint  benefit  of  ourselves 
and  our  mother  country. 

BUT  the  modern  regulations  are  in  every  circum- 
stance afflicting.  The  remittances  we  have  been 
able  to  make  to  Great-Britain.,  with  all  the  license 
hitherto  granted  or  taken,  and  all  the  money  brought 
among  us  in  the  course  of  the  late  war,  have  not 
been  sufficient  to  pay  her  what  we  owe ;  but  there 
still  remains  due,  according  to  a  late  calculation 
made  by  the  English  merchants,  the  sum  of  four 
millions  sterling.  Besides  this,  we  are  and  have 
been  for  many  years  heavily  taxed,  for  the  payment 
of  the  debts  contracted  by  our  efforts  against  the 
common  enemy.  These  seem  to  be  difficulties 
severe  enough  for  young  colonies  to  contend  with. 
The  last  {  sinks  our  paper  currency  very  fast. 

$  While  the  quantity  of  paper  currency  is  proportioned  to  the  uses  for  it, 
:c  must  be  beneficial ;  and  therefore  to  sink  it  below  that  quantity,  must  be 


The  former  sleeps  off  our  silver  and  gold  in  a  tor- 
rent to  Great-Britain,  and  leaves  us  continually 
toiling  to  supply  from  a  number  of  distant  springs, 
the  continually  wasting  stream. 

TITUS  drained,  we  are  prohibited  by  new  and 
stricter  restraints  being  laid  on  cur  trade,  from  pro- 
curing these  coins  as  we  used  to  do  :  and  from  insti- 
tuting among  ourselves  bills  cf  credit  in  the  place 
of  such  portions  of  them  as  are  required  in  our  in- 
ternal traffic  ;  and  in  this  exhausted  condition,  our 
languishing  country  is  to  strive  to  take  up  and  to 
totter  under  the  additional  burthen  of  the  STAMP 

ACT. 

IN  defence  of  the  prohibition  to  institute  bills  of 
credit,  it  may  be  said,  that  some  few  colonies,  by 
"  injudicious  emissions  of  paper  currency,  did 
*'  great  injury  to  individuals. '*  It  is  true  :  but 
it  is  as  true,  that  others  J  always  supported  the 
credit  of  their  bills  in  such  a  manner,  that  their 
emissions  were  of  vast  benefit  both  to  the  provinces 
and  to  Great-Britain.  The  inconveniencies  under 
which  the  colonies  laboured  before  these  emissions 
are  well  remembered,  and  were  -produced  by  the 


f  No  attempt  "was  ever  made  in  this  province  and  some  others,  to  pay  £ng* 
lisa  debts  any  otherwise  than  according  to  the  rate  of  exchange  ;  and  no  com- 
plaint was  ever  made  of  injustice  from  the  depreciation  cf  the  currency. 


(      55      ) 

same  cause  that  distresses  us  at  this  time  ;  that  is, 
by  Great  Britain"  's  taking  off  all  our  gold  and  silver. 
There  was  then  so  little  money  among  several  of 
them,  that  a  stop  was  put  in  a  manner  to  buying 
and  selling,  and  even  shop-keepers  were  obliged  to 
barter  their  goods  for  food.  The  effect  produced  by 
these  emissions  was  surprizing  -  trade  revived  ; 
and  the  remarkable  and  immediate  *  increase  of  our 

*  Value  of  the  exports  from  England  'to  Pennsylvania  at  different  periods. 
In  1723  they  were  £,15,991  *9  4 

1/30         -          -        -  48,59*     7  5' 

1737        -          -        -  56,690    6  7 

-  75>19S     S  4 


In  the  year  1723  the  first  bills  of  credit  were  emitted  in  Pennsylvania,  t* 
the  value  of  £45000.  In  1728,  part  of  the  first  emission  being  then  sunk, 
£30000  more  were  emitted.  It  appears  from  the  account  above,  that  in  seven 
years  from  1723  to  1730,  the  exports  increased  £32,599  8  I  sterling.  —  In 
I738>  great  part  of  the  preceding  emissions  being  then  sunk,  there  was  an 
emission  and  re-emission  amounting  in  the  whole  to  £80000.  In  five  years 
afterwards  it  appears  by  the  account  above,  the  exports  increased  near 
£20000  sterling. 

In  later  times  when  larger  emissions  have  been  made,  the  exports  have  pro- 
portionably  increased.  In  1755  £55000  were  emitted  :  and  in  1756  £30000. 
In  1757,  the  exports  amounted  to  £268,426  6  6.  —  Afterwards  our  emission* 
were  still  greater,  and  in  one  year  of  the  war,  the  exports  rose  to  more  than 
£•700,000  sterling. 

It  is  not  pretended,  that  the  increase  of  our  importations  is  scldy  owing  to 
the  emissions  of  paper  money  ;  but  it  is  thought  to  be  a  very  great  cause  of 
that  increase.  It  is  undoubtedly  owing  in  part  to  the  increase  of  the  people 
by  propagation,  and  the  influx  of  foreigners.  But  such  great  and  sudden  in- 
creases as  have  been  mentioned  in  the  short  space  of  seven  or  five  years,  from 
to  1730,  acd  from  1737  to  1743,  could  not  in  any  great  degree  proceed 


importations  shewed  how  advantageous  they  were 
to  Great-Britain.  If  any  inconveriiencies  were  fear- 
ed from  this  kind  of  currency,  means  might  have 
been  found  to  prevent  them,  without  utterly  aboU 
ishing  it :  but  now,  the  apprehension  of  mischiefs 
that  might  have  been  more  easily  obviated,  has 
deprived  us  of  real  benefits. 

PERHAPS  no  mode  could  be  devised  more  advan- 
tageous to  the  public,  or  to  individuals,  than  our 
method  of  emitting  bills  in  this  province  for  our 
own  use.  They  are  lent  out  upon  good  security, 
chiefly  real,  at  the  interest  of  free  per  cent.  The 

from  the  increase  by  propagation  ;  and  at  that  time  I  thiuk  foreigners  did  not 
flow  in  upon  us  in  such  numbers  as  they  since  have  done.  In  the  war  large 
sums  were  brought  among  us  for  the  maintenance  of  the  fleets  and  armies,  it 
is  true  :  but  that  our  currency  was  then  of  great  utility  is  evident,  because 
\vhen  the  greatest  quantity  of  it  was  passing,  bills  of  exchange  were  lower 
than  they  were  for  a  long  time  before,  or  have  been  since. 

It  may  by  objected,  that  the  complaint  of  the  scarcity  of  money  in  America y 
particularly  in  this  province  cannot  be  well  founded,  as  we  have  lately  had 
bach  large  emissions.  1  arn  very  sensible  how  liable  persons  are  to  errors  in 
questions  of  this  nature,  and  therefore  I  thiuk  myself  obliged  to  speak  with 
diiEdeace  on  the  subject.  Perhaps  the  following  observations  may  in  some 
measure  answer  the  objection.  1st.  About  one  half  of  the  emissions  is  sunk, 
sndly.  A  very  great  part  of  the  bills  now  circulating,  are  passing  in  the 
neighbouring  provinces,  jdly.  Our  gold  and  silver  are  sent  to  Great-Britain^ 
so  that  but  small  quantities  thereof  are  now  current  among  us — and  therefore 
we  must  almost  entirely  rely  on  our  paper  for  the  medium  of  domestic  com- 
merce. Lastly.  It  does  not  seem  probable,  that  we  should  have  heard  such 
great  complaints  of  the  scarcity  of  money,  if  the  extreme  restrictions  of  our 
commerce,  had  act  ?o  generally  prevented  our  usual  methods  of  acquiring  it. 


(       57       ) 

borrowers  are  allowed  a  long  term  for  payment, 
and  the  sums  borrowed  being  divided  into  equal 
portions,  they  are  obliged  to  pay  one  of  these  with 
the  interest  of  the  whole,  every  year  during  the 
term.  This  renders  the  payments  very  easy  ;  and 
as  no  person  is  permitted  to  borrow  a  large  sum,  a 
great  number  are  accommodated.  The  conse- 
quences of  such  regulations  are  obvious*  These 
bills  represent  money  in  the  same  manner  that  mo- 
ney represents  other  things*  As  long  therefore  as 
the  quantity  is  proportioned  to  the  uses,  these 
emissions  have  the  same  effects,  that  the  gradual 
introduction  of  additional  sums  of  money  would 
have.  People  of  very  small  fortunes  are  enabled  to 
purchase  and  cultivate  land,  WThich  is  of  so  much 
consequence  in  settling  new  countries,  or  to  carry 
on  some  business,  that  without  such  assistance  they 
would  be  incapable  of  managing :  for  no  private 
person,  would  lend  money  on  such  favourable 
terms  *  From  the  borrowers  the  currency  passes 
into  other  hands,  increases  consumption,  raises  the 
prices  of  commodities,  quickens  circulation,  and 
after  communicating  a  vigour  to  all  kinds  of  indus- 
try, returns  in  its  course  into  the  possession  of  the 
borrowers,  to  repay  them  for  that  labour  which  it 
may  properly  be  said  to  have  produced.  They 
deliver  it,  according  to  the  original  contracts,  into 
the  treasury,  where  the  interest  raises  a  fund  with- 
out the  imposition  of  taxes,  for  the  public  use. 
VOL.  i.  H 


WHILE  emissions  are  thus  conducted  with  pru- 
dence, they  may  be  compared  to  springs  whose  wa- 
ter an  industrious  and  knowing  farmer  spreads  in 
many  meandering  rivulets  through  his  gardens  and 
meadows,  and  after  it  has  refreshed  all  the  vege- 
table tribes  it  meets  with,  and  has  set  them  a  grow- 

ing,   leads  it  into  a  reservoir,  where    it  answers 

some  new  purpose. 

IF  it  could  be  possible  to  establish  a  currency 
throughout  the  colonies,  on  some  foundation  of  this 
kind,  perhaps  greater  benefits  might  be  derived 
from  it,  than  would  be  generally  believed  without 
the  trial. 

WITH  respect  to  the  restrictions  laid  on  our  trade 
to  foreign  plantations,  it  has  been  alledged,  as  a 
reason  for  them,  «  that  our  islands  ought  to  be  en- 
"  couraged."  They  ought  to  be:  but  should  the 
interest  of  one  colony  be  prefered  to  that  of  another? 
Should  the  welfare  of  millions  be  sacrificed  to  the 
magnificence  of  a  few?  If  the  exorbitant  profits  of 
one  colony  must  arise  from  the  depression  of  ano- 
ther, should  not  such  injustice  be  redressed  ? 

THERE  is  a  vast  difference  to  be  made  in  calcu- 
lating the  gains  of  any  particular  branch  of  busi- 
ness to  the />««",  and  to  individuals.  The  ad- 
vantages to  the  last  may  be  small,  and  yet  great  to 


(     59     ) 

the  first,  or  the  reverse.  The  statutes  made  to 
restrain  the  trade  of  the  continent  in  -[favour  of  the 
islands,  seem  to  tend  rather  towards  promoting 

f  "  The  agents  for  New-York,  in  their  contest  with  the  sugar  colonies, 
affirmed,  That  their  winters  heing  severe,  obliged  them  to  take  off  more  o£ 
the  woollen  manufactures  of  this  kingdom  (for  which  they  remitted  gold  and 
stiver)  than  all  the  islands  f  Jamaica  cxceptedj  ////  together  ;  and  which  1  believe 

has  remained  un contradicted/' 

BEAWES'S  Lex.  mere,  red, 

If  one  province  THEN  exceeded  all  cur  West-Indies ,  except  Jamaica,  in  this 
particular,  what  proportion  would  that  single  island  bear  NOW  to  all  the  rest 
of  the  continental  colonies  ? 

The  following  account  of  the  exports  from  ENGLAND  to  the  northern  colonies, 
and  to  the  West-India  Islands^  will  shew  they  were  nearly  equal  some  time 
ago ;  that  those  to  the  northern  colonies  now  vastly  exceed,  and  arc  prodigiously 
increasing,  while  those  to  the  islands  have  continued  nearly  the  same. 

From  1744  to  1748,  inclusive. 
Northern  Colonies.  West-India  Islands. 

1744  --    £640,114  ia     4         ....  £796,113   17     9 

1745  -  -  534,316    a    5  ....  503,669  19  9 
1746-  -  754,945     4     3  -    -   -     -  47^,994  19  7 
1747    -    -  726,648     55  -    -    -       -  856,463  18  6 
1748-   .-  830,443  16     9  ....  734,095  15  3 

Total    £3,486,368     I     a         Total       £3,363,33?   10  ip. 
Difference       122,930  10     4 


£  3,486,268  I     3, 

From  1754  to  1758,  inclusive, 
Northtrn  Colonies.  West-India  Islands. 

1754  -     £1,246,615     i  ii          -         -        £685,675     3     o 

1755  -      1,177,848     6  10         -         -  694,667  13     3 

1756  -      1,428,720  18  10         -         .  733,458  16     3 

1757  -      1,727,924     a  10         -         -  776,488  o    6 

1758  -      1,832,948  13  10         -         -  877,571  19  ii 

Total    £7,414,057     43          -      Total  £3,767,841  ia  II 

Difference  3,646,215  ii     4 


£7,414,057     4     3 


^.partial  than  general,  interests  ;  and  it  appears  to 
me  no  parodox  to  say,  that  the  public  would  be  as 
great  a  gainer,  if  estates  there  were  so  f  moderate t 
that  not  a  tenth  part  of  the  West-  India  gentlemen 
who  now  sit  in  the  house  of  commons,  could  obtain 
that  frequently  expensive  honour. 

IT  is  allowed  by  those  well  acquainted  with  the 
islands,  that  they  cannot  supply  Great-Britain  and 


Total  for  the  northern  colonies,  in  the  first  term          -          £  3,486,268     I     $ 
in  the  second  term  -  -  -  7,414,057     4     3 


Increase, 


Total  for  the  West-India  islands,  iw  the  first  term       -       £3,363,337  10  iq 
Ditto,  in  the  second  term  ...  3,767,841   12  II 


Increase,  only     £0,404,504     a     j 

The  difference  between  the  employment  afforded  to  the  manufacturers  of 
England^  by  the  northern  colvnies  and  by  the  West-India  islands,  is  still  greater 
than  it  may  appear  to  be  from  the  first  view  of  the  preceding  account :  for  a 
much  greater  quantity  of  East-India  goods  is  exported  to  the  last  than  to  the 
first ;  and  the  English  manufactures  consumed  by  them  generally  derive  their 
value  from  the  richness  of  the  materials,  many  of  which  are  brought  from  fo- 
reign countries,  but  those  we  consume,  chiefly  derive  their  value  from  the 
work  bestowed  upon  them,  (Vide  note  to  pages  48,  49  and  50.) 

|  Vide  note  to  page  51. 

f  "  A  great  advantage  which  the  French  have  over  the  English  in  their  su- 
gar colonies,  is  their  agrarian  luiv,  whereby  monopolists  are  prevented  from 
engrossing  too  much  land ;  so  that  the  number  of  whites  is  greatly  increased, 
the  land  improved,  more  commodities  raised,  the  planters  olligtdto  a  mere  fru- 
gal "way  of  living,  and  all  things  rendered  cheaper.  By  these  means  Martinlco  can 
muster  16,000  fighting  men ;  but  Jamaica,  which  is  near  three  times  as  large, 
only  4000."  TUCKER  on  trade. 


these  colonies  with  sugar  and  other  articles^  and 
that  they  can  by  no  means  consume  the  productions 
of  these  colonies  ;  yet  in  *  favour  to  them,  we  are 
almost  entirely  prevented  from  sending  these  pro- 
ductions to  any  other  markets.  Hence  it  follows, 
that  we  are  frequently  obliged  to  sell  our  commo- 
dities to  them  at  so  low  a  price,  as  not  to  pay  the 
first  cost  and  freight;  while  we,  being  in  a  manner 
prohibited  from  getting  the  West-India  producti- 
ons, for  which  we  have  occasion,  any  where  else 
but  from  them,  must  pay  extravagantly  for  them* 

NOR  is  this  management  attended,  as  it  is  pre- 
sumed, with  any  benefit  to  the  mother  country,  but 
with  a  disadvantage  ;  either  where  the  production's 


*  It  is  recited  in  the  6th  of  Geo.  ad.  ch.  13,  now  made  perpetual,  "  that  the 
sugar  colonies  could  not  carry  on  their  trade  ON  AN  EQUAL  FOOTING  with  the 
foreign  sugar  colonies,  without  some  advantage  and  relief  given  to  them  by 
Great-Britain."  That  advantage  GIVEN  by  Great-Britain — was  to  compel  the 
continental  colonies  to  take  their  productions  at  any  price  they  please  to  ask — • 
In  short,  to  grant  them  a  MONOPOLY  for  sugars.  This  was  takingyV-ow  one  in- 
deed to  give  to  another  ;  but  goes  not  to  the  rcet  of  the  evil ;  as  the  next  pre- 
f  eding  note  evidently  shews.  For  if  Great-Britain  should  sacrifice  her  own  in- 
terests and  those  of  her  continental  colonies  still  more,  if  it  be  possible,  to  the  in- 
terest of  these  islanders,  they  never  ivill  "  carry  on  their  trade  ON  AN  EQUAL 
FOOTING  with  the  foreign  sugar  colonies,"  until  there  is  the  fume  moderation 
in  their  estates,  and  the  same  frugality  in  their  living.  By  a  very  singular 
disposition  of  affaire,  the  colonies  of  an  absolute  monarchy  are  settled  on  a  republi- 
can principle ;  while  those  ef  a  kingdom  in  many  respects  resembling  a  common- 
•zuealib,  arc  cantoned  out  among  a  fciv  lords  vested  with  despotic  power  over 
myriads  of  vassals,  and  supported  in  the  pomp  of  Bassas  by  tLrir  slavery. 


of  the  foreign  plantations  are  consumed  among  us, 
or  re-exported  to  Europe,  By  the  compulsion  on 
us  to  take  from  our  islands,  the  price  of  their  pro- 
ductions is  raised  on  the  people  of  Great-Britain. 
The  revenue  would  be  increased  by  this  restriction 
being  taken  off,  as  we  should  willingly  pay  a  mo- 
derate duty  upon  importations  from  the  French  and 
Spaniards,  without  attempting  to  run  them  ;  while 
a  very  considerable  duty  would  be  paid  on  the  f 
sugars  of  our  islands,  which,  instead  of  coming  to 
us,  would  then  go  to  GreatErltaln.  Besides,  what- 
ever extraordinary  price  we  pay  for  the  productions 
of  our  own  islands,  must  lessen  our  demand  for 
British  manufactures  ;  since  it  is  an  (undeniable 


f  The  restriction  on  the  trade  of  the  colonies  to  foreign  plantations  for  molas- 
ses, is  particularly  hurtful  and  impolitic,  as  the  molasses  brought  from  thence 
was  distilled  for  the  fsLcries,  the  Indian  and  other  trades,  the  profit  of  which 
centered  in  Great- Britain. 

i  This  cannot  he  disputed  by  any  one  who  is  acquainted  with  America.  The 
increase  of  a  man's  wealth  there  shews  itself  in  a  greater  consumption  of  Bri- 
tish manufactures  of  all  kinds This  reasoning  in  favour  of  the  continental 

colonies'  trade  with  foreign  plantations,  is  confirmed  by  what  sir  Josiah  CbilJ. 
mentions  of  New-England — He  says, — ?•"  England  loses  by  the  unlimited  trade  of 
this  colony  to  other  foreign  plantations,  but  gains  by  her  direct  trade  to  old 
Envljnd,  from  whence  she  exports  manufactures  to  ten  times  the  value  of  her 
imports."  (See  the  note  to  page  49.  ">  What  vas  it  then  that  enabled  Neiv- 
England  to  pay  ten  times  the  value  of  her  imports  to  England^ut  the  fro/its  of  her 
trade  to  foreign  plantations  ?  This  appears  to  be  a  direct  authority  in  support  of 
the  arguments  hereafter  used.  Tt  seems  therefore  that  Great-Britain  of  late, 
through  too  great  eagerness  to  gather  golden  fruits,  has  shaken  the  tree  before 
they  were  full  grown.  With  a  little  patience  they  would  ripen,  and  then  of 
themselves  drop  into  her  lap. 


truth,  that  what  we  should  save  in  that  way,  would 
be  chiefly  spent  in  this.  It  may  also  justly  be  ad- 
ded, that  our  commerce  with  the  foreign  plantati- 
ons, carries  to  them  very  considerable  quantities  of 
British  manufactures,  for  their  consumption.** 

IF  our  importations  from  them  should  be  re-ex- 
ported to  Europe,  the  profits  would  center  in  Great- 
Britain,  according  to  the  usual  course  of  our  trade. 
— —The  statute  passed  in  the  twenty-fifth  year  of 


rt  The  inhabitants  of  our  colonies,  by  carrying  on  a  trade  with  their  foreign 
neighbour*)  do  not  only  occasion  a  greater  quantity  of  the  good*  and  merchandizes  cf 
Europe  iting  sent  from  Icnce  to  them,  and  a  greater  quantity  of  the  product  of 
America  to  be  sent  from  them  hither,  •which  would  otherwise  be  carried  from,  and 
brought  to  Europe  by  foreigners,  but  an  increase  of  the  seamen  and  navigation  in 
those  parts,  which  is  of  great  strength  and  security,  as  well  as  of  great  advant- 
age to  our  plantations  in  general.  And  though  some  of  our  colonies  are  not 
only  for  preventing  the  importations  of  all  goods  of  the  same  species  they  produce, 
but  suffer  particular  planters  to  keep  great  runs  of  land  in  their  possession  tmculii- 
vattd,  with  design  to  prevent  new  settlements,  whereby  they  imagine  the 
prices  of  their  commodities  may  be  affected  ;  yet  if  it  be  considered,  that  the 
markets  of  Great-Britain  depend  on  the  markets  of  ALL  Europe  in  general,  and 
that  the  European  markets  in  general  depend  on  the  proportion  between  the 
annual  consumption  and  the  ivhoh  quantity  of  each  species  annually  produced  by  ALL 
nations  ;  it  must  follow,  th^t  whether  we  or  foreigners  are  the  producers,  carri- 
ers, importers  and  exporters  of  American  produce,  yet  their  respective  prices 
in  each  -colony  fthe  difference  of  freight,  customs  and  importations  considered) 
will  always  bear  proportien  to  the  general  consumption  of  the  whole  quantity  of 
each  sort,  produced  in  all  colonies,  and  in  all  parts,  allowing  only  for  the  usual  con- 
tingencies that  trade  and  commerce,  agriculture  and  manufactures  are  liable 
to  in  all  countries." 

POSTLETHWAYT'O  Univ.  Diet,  of  Trade  and  Commerce. 

*  Sec  the  preceding  notev 


Charles  the  second,  indeed  mentions  this  practice 
as  injurious.  It  might  be  so,  if  regarded  without 
its  attendant  circumstances ;  but  if  they  are  taken 
into  view,  and  it  be  considered,  that  if  we  do  not 
carry  these  productions  to  Europe,  foreigners  will, 
no  mischief  seems  likely  to  ensue  from  our  becom- 
ing the  carrier  s.f 

THE  restriction  also  with  regard  to  our  iron,  is 
thought  particularly  severe.  Whenever  we  can 
get  a  better  price  in  Great  Britain,  than  elsewhere, 
it  is  unnecessary ;  whenever  we  can  get  a  better 
price  in  other  places,  it  is  *  prejudicial.  Cargoes 
composed  of  this  metal,  provisions  and  lumber, 
have  been  found  to  answer  very  well  at  the  Portn- 


\  See  the  preceding  note. 

*  If  Great-Britain  really  takes  off  from  Sweden  iron  to  (he  value  of 
£.  200,000,  according  to  the  calculation  that  has  been  made,  yet  fhe  does  not 
lose  all  that  sura.  Not  to  insist  on  the  merely  political  advantage  of  having  a 
commerce  with  that  protestant  kingdom,  which  hy  being  beneficial  to  her,  may 
more  firmly  attach  her  to  our  interest,  it  may  be  observed,  that  the  trade  gf 
Great-Britain  to  Sweden^  it  13  for  iron  in  the  gross,  "which  is  afterwards  worked 
>ip,  and  large  quantities  of  it  re-exported  ;  so  that  money  may  thereby  be 
brought  into  the  kingdom,  and  a  great  number  of  hands  is  employed.  There 
is  a  vast  difference  between  this  trade,  and  that  to  France,  from  whence  the 
importations  into  Great-Britain  are  merely  for  consumption,  without  affording 
any  employment  to  her  people,  or  any  profit  by  re-exportation.  Besides,  if  the 
colonies  can  get  more  by  carrying  their  iron  to  foreign  ports,  than  to  Great- 
Britain,  fa md  if  they  cannot,  there  is  no  occasion  of  a  law  to  compel  them  to 
carry  ij  to  Great-Britain j  they  M,  ill  be  more  able  to  make  larger  demands  for 
British  manufactures ;  so  that  Great-Britain  will  gain  the  profit*  of  our  iron, 
to  make  up  her  loss  by  what  she  takes  from 

1 


ic  takes  ir 


gucse  and  some  other  markets ;  and  as  the  last  ar- 
ticles are  frequently  very  low,  and  our  foreign  trade 
is  reduced  to  so  few  commodities,  the  taking  away 
any  one  of  them  must  be  hurtful  to  us.  Indeed,  to 
require  us  to  send  all  our  iron  to  Great-Britain,  is, 
in  the  opinion  of  some  of  our  most  judicious  mer- 
chants, to  require  an  impossibility  :  for  as  this  ar- 
ticle is  so  heavy,  and  such  small  Quantities  can  be 
sent  in  one  vessel,  they  assert,  that  we  cannot  find 
freight  directly  home  for  one  half  of  it. 

BESIDES  the  circumstances  already  mentioned 
to  prove  the  injurious  consequences  of  the  late 
restrictions,  there  is  another,  which  has  great  force 
in  persuading  me  that  our  trade  ought  by  all  means 
to  be  more  encouraged  and  extended  at  this  time, 

than  was  formerly  necessary. Our  settlements 

then  comprehended  only  ar  narrow  strip  along  the 
shore  of  the  ocean  ;  they  were  less  populous  ;  and 
their  distanct  from  the  sea  ports  being  small,  they 
were  supplied  with  every  thing  they  wanted  from 

then£e,  without  any  length  of  inland  carriage. 

But  now  we  have  penetrated  boundless  forests, 
have  passed  over  immense  mountains,  and  are  daily 
pushing  further  and  further  into  the  wilderness, 
the  inhabitants  of  these  remote  regions,  mu^t  of 
necessity  hold  very  little  intercourse  with  those 
which  are  near  the  sea,  unless  a  very  extensive 
VOL.  i.  I 


(      66      ) 

commerce  shall  enable  these  to  supply  them  with 
such  quantities  of  *  foreign  commodities  as  they 
want,  and  at  such  prices  as  they  can  afford  to  pay. 
Every  restriction  on  our  trade,  seems  to  be  a  re- 
striction on  this  intercourse,  and  must  gradually 
cut  off  the  connection  of  the  interior  parts  with  the 
maritime  and  the  mother  country. 

BUT  it  is  unnecessary  to  endeavour  to  prove  by 
reasoning  on  these  things,  that  we  shall  suffer,  for 
we  already  suffer.  Trade  is  decaying;  and  all  cre- 
dit is  expiring.  Money  is  become  so  extremely 
scarce,  that  reputable  freeholders  find  it  impossi- 
ble to  pay  debts  which  are  trifling  in  comparison  to 
their  estates,  If  creditors  sue,  and  take  out  exe- 
cutions, the  lands  and  personal  estate,  as  the  sale 
must  be  for  ready  money,  are  sold  for  a  small  part 
of  what  they  were  worth  when  the  debts  were  con- 
tracted. The  debtors  are  ruined.  The  creditors 
get  but  part  of  their  debts,  and  that  ruins  them. 
Thus  the  consumers  break  the  shop-keepers  ;  they 
break  the  merchants;  and  the  shock  must  be  felt  as 
far  as  London.  Fortunate,  indeed,  is  the  man  who 


*  It  Is  apprehended,  that  if  the  greatest  part  of  the  commodities  demanded 
by  the  back  country  should  not  be  British  but  West-Indian,  yet  it  must  be  be- 
neficial to  Great-Britain  to  promote  this  trade  by  all  means.  For  if  the  coun- 
try nearer  the  sea  grows  rich  by  supplying  them  with  the  productions  of  the 
West-Indies )  these  will  certainly  consume  greater  quantities  of  British  manu- 
factures. 


can  get  satisfaction  in  money  for  any  part  of  his 
debt,  in  some  counties;  for  in  many  instances,  af- 
ter lands  and  goods  have  been  repeatedly  advertised 
in  the  public  gazettes,  and  exposed  to  sale,  not  a 
buyer  appears. 

BY  these  means  multitudes  are  already  ruined, 
and  the  estates  of  others  are  melting  away  in  the 
same  manner.  It  must  strike  any  one  with  great 
surprize  and  concern,  to  hear  of  the  number  of  debt- 
ors discharged  every  court  by  our  insolvent  act. 
Though  our  courts  are  held  every  quarter,  yet  at 
the  last  term  for  the  county  of  Philadelphia  alone, 
no  less  than  thirty-five  persons  applied  for  the 
benefit  of  that  act.  If  it  be  considered,  that  this 
law  extends  only  to  those  who  do  not  owe  any  sin- 
gle debt  above  £.150,  that  many  are  daily  released 
by  the  lenity  of  their  creditors,  and  that  many  more 
remove,  without  their  knowledge,  it  will  not  be 
difficult  to  form  a  judgment  of  the  condition  to 
which  the  people  are  reduced, 

IF  these  effects  are  produced  already,  what  can 
AVC  expect,  when  the  same  causes  shall  have  ope- 
rated longer  \  What  can  we  expect,  when  the  ex- 
hausted colonies  shall  feel  the  STAMP  ACT  drawing 
off,  as  it  were,  the  last  drops  of  their  blood  ?  From 
whence  is  the  silver  to  come  with  which  the  taxes 
imposed  by  this  act,  and  the  duties  imposed  by 


(     68      ) 

other  late  acts,  are  to  be  paid  ?  Or  how  will  our 
merchants  and  the  lower  ranks  of  people,  on  whom 
the  force  of  these  regulations  will  fall  first,  and 
with  the  greatest  violence,  bear  this  additional 
load  ? 

THESE  last  are  to  be  considered  in  a  very  differ- 
ent light  from  those  of  the  same  classes  in  Great- 
Britain.  There  the  nature  of  their  employments, 
and  the  plenty  of  money  give  them  very  little  occa- 
sion to  make  contracts  in  writing ;  but  here  they 
are  continually  making  them,  and  are  obliged  to  do 
so.  The  STAMP  ACT,  therefore,  will  be  severely 
felt  by  these,  in  whose  welfare  the  prosperity  of  a 
state  is  always  so  much  interested ;  and  *  transfers 
of  property,  that  ought,  in  new  countries  particu- 
larly to  be  made  as  easy  as  possible,  will  be  much 
discouraged.  From  the  necessity  they  are  under 
of  making  contracts  to  be  executed  afterwards,  the 
lower  ranks  of  people  here  are  frequently  engaged 
in  law  suits  ;  and  as  the  law  is  already  a  very  hea- 
vy tax  on  the  subject  in  all  parts  of  the  British 

*  In  the  present  scarcity  of  money,  the  sellers  of  lands,  &c.  always  insist 
on  having  part  of  the  purchase-money  in  hand. — The  buyers,  unless  they  hap- 
pen to  be  rich  men,  find  it  impossible  to  comply  with  this  term,  unless  they 
borrow  money,  which  cannot  now  be  done- but  in  very  small  parcels  from  dif- 
ferent persons — each  of  these  must  have  a  bond  ;  and  each  of  those  bonds 
must  pay  a  stamp-duty  of  one  shilling  sterling,  if  the  sum  be  above  ten  pounds 
and  under  twenty — and  if  above  twenty  pounds  and  under  forty,  one  shilling 
and  six  pend? sterling — besides  a  heavy  duty  on  the  original  contract. 


dominions,  this  act  will  render  it  destructive  here ; 
for  the  necessities,  the  follies,  and  the  passions  of 
mankind,  will  not  suffer  them  to  cease  from  har- 
rassing  one  another  in  that  way. 

NEITHER  are  the  merchants  here  by  any  means 
able  to  bear  taxes,  as  they  do  at  home.  A  very 
great  number  of  them  there  put  such  stocks  into 
trade,  as  would  be  thought  large  fortunes  among 
us  ;  and  our  merchants  would  think  themselves  very 
happy  to  leave  oif  business  with  such  estates  as  the 
others  begin  with.  I  speak  of  the  merchants  in 
general ;  for  we  have  on  the  continent  individuals 
who  are  rich,  but  their  number  is  too  inconsidera- 
ble to  deserve  any  notice  on  this  occasion.  Besides, 
the  interest  of  money  being  lower  at  home  than  it 
is  here,  those  who  trade  on  borrowed  stocks,  can 
do  it  to  much  greater  advantage  there  than  we  can. 
Indeed,  among  us  it  is  almost  impossible  to  get 
money  to  trade  upon  at  any  rate.  How  unequal, 
under  the  present  disadvantages,  a  merchant's  com- 
merce will  be  to  the  payment  of  all  the  taxes  impos- 
ed by  the  STAMP  ACT  on  his  policies,  fees  with 
clerks,  charter  parties,  protests,  his  other  notarial 
acts,  his  letters,  and  even  his  advertisements,  expe- 
rience, I  am  afraid  will  unhappily  prove. 

THUS,  I  apprehend,  that  this  act  will  be  ex- 
tremely heavy  on  those  who  are  least  able  to  bear 


(      70      ) 

it ;  and  if  our  merchants  and  people  of  little  sub- 
stance languish  under  it,  all  others  must  be  affect- 
ed. Our  mode  of  taxation,  hath  always  been  by 
making  as  exact  an  estimate  as  could  be  formed  of 
each  man's  estate  ;  by  which  means,  our  taxes 
have  been  proportioned  to  the  abilities  of  those  who 
were  to  pay  them.  Few  persons  are  employed  in 
the  collection  of  them ;  their  allowance  is  very 

moderate  ;  and  therefore  theexpence  is  small. 

No  excessive  penalties,  no  tribes  of  informers,  no 
dreadful  and  detestable  courts  are  necessary.  This 
I  imagine,  is  the  mode  of  taxation,  which  in  young 
colonies,  will  be  found  to  be  least  oppressive  and 
destructive,  and  certainly  the  most  equal :  but  by 
the  STAMP  ACT,  the  J  wealthy  who  have  money  to 
let  out  at  interest,  or  to  make  purchases,  and 
undoubtedly  ought  to  pay  the  most  towards  the 
public  charges,  will  escape  these  taxes,  while  the 
whole  weight  of  them  will  fall  on  the  necessitous 
and  industrious,  who  most  of  all  require  relief  and 
encouragement. 

BUT  it  may  be  said,  "  That  the  merchants  will 
"  not  be  affected  by  these  taxes,  because  they  will 
"  raise  the  prices  of  their  goods  in  proportion,  and 
"  that  at  length  all  taxes  must  arise  from  lands" 

\  If  a  rich  man  buys  land,  it  is  generally  from  the  distressed,  and  therefore 
the  seller's  situation  will  oblige  him  to  pay  for  the  deed  when  the  other  insists 
on  it  ;  and  when  a  man  borrows  money,  every  body  knows  who  pays  for  the 
bonds  and  mortgages. 


(     7'      ) 

THIS  rule  seems  more  applicable  to  very  popu- 
lous and  rich  countries,  where  the  manufacturers 
and  landholders  through  necessity  or  the  force  of 
fashions,  have  pressing  demands  upon  the  mer- 
chants, than  to  such  a  country  as  this,  where  a  great 
majority  of  the  people  live  on  their  lands  in  a  very 
plain  way.  For  by  practising  a  strict  frugality  and 
industry,  we  may  render  ourselves  more  independ- 
ent of  the  merchants,  than  the  circumstances  of 
more  populous  and  wealthy  states  will  permit  the 
other  classes  of  their  people  to  be.  The  high  pri- 
ces therefore  which  our  merchants  impose  upon 
their  goods,  will  discourage  the  sale  of  them,  and 
consequently  they  must  "  be  affected  by  the  tax- 
"  es,"  which  oblige  them  to  raise  the  prices  in  this 
manner. 

HOWEVER,  granting  that  all  taxes  must  arise 
from  lands ;  it  follows,  that  where  the  profits  of 
the  lands  are  small,  they  can  bear  but  small  tax- 
es. The  more  labour  is  bestowed  on  them,  the 
greater  the  profits  will  be,  and  the  taxes  may  be. 
In  old  populous  countries  there  is  an  opportunity 
of  bestow  ing  this  labour,  and  the  manner  of  doing 
it  is  well  understood.  Thus  in  England,  the  pro- 
fits of  land  are  so  great,  as  to  support  a  very  large 
number  of  nobility  and  gentry  in  splendor,  and  to 
afford  means  of  raising  taxes  to  an  amazing  amount. 
Nor  are  the  workers  of  the  land  unrewarded ;  for 


(     72      ) 

the  farmers  have  such  long  leases,  and  other  en- 
couragements, that  they  thrive  and  live  comforta- 
bly, and  many  of  them  are  very  wealthy. 

How  different  is  the  case  in  America  ?  The 
inhabitants  being  scattered  thin  through  the  coun- 
try, and  labourers  being  very  scarce,  they  think 
themselves  fortunate,  if  they  can  clear  their  land, 
fence  it,  and  any  how  put  their  grain  into  the 
ground  in  season.  Manuring  or  j-  improving  soils 
is  not  known,  except  in  some  small  closes  near 
cities  ;  but  every  one  must  be  content  with  what 
his  land  will  yield  of  itself.  With  this  it  must  be 
considered,  that  at  least  four  fifths  of  the  people  in 
America,  live  upon  farms  either  of  their  own,  or 
rented,  and  spend  their  small  profits  in  maintaining 
their  families  ;  and  it  frequently  happens  from  the 
length  and  severity  of  our  winters,  that  the  whole 
produce  of  a  man's  farm  is  not  sufficient  to  main- 
tain his  family  and  stock. 


f  *  Further,  it  may  be  observed,  that  our  lands  are  not  sufficiently  culti- 
vated, even  where  they  are  capable  of  great  improvement.  Hence  large 
tracts  serve  only  to  maintain  a  small  number  of  people.  If  we  ask,  why  our 
lands  (meaning  in  Scotland)  are  so  ill  cultivated,  besides  the  OBVIOUS  CAUSES 
arising  from  the  POVERTY  and  UNSKILFULNESS  of  many  of  our  farmers,  the 
SHORTNESS  OF  THEIR  LEASES,  and  other  things  which  will  occur  upon  the 
least  reflection,  it  is  not  a  little  owing  to  a  want  of  inclination  for  agriculture, 
&c,"  DISSERTATION  on  the  number*  of  mankind. 


.(      73     ) 

WE  are  informed,  that  an  opinion  has  been  indus- 
triously propagated  in  Great-Britain,  that  the  colo- 
nies are  {  wallowing  in  wealth  and  luxury,  while 
she  is  labouring  under  an  enormous  load  of  debt. 
Never  was  there  a  greater  mistake.  This  opinion 
has  arisen  from  slight  observations  made  in  our 
cities  during  the  late  war,  when  large  sums  of 
money  were  spent  here  in  support  of  fleets  and 
armies.  Our  productions  were  then  in  great  de« 
mand,  and  trade  flourished.  Having  a  number  of 
strangers  among  us,  the  people,  naturally  not  unge- 
nerous or  inhospitable,  indulged  themselves  in 
many  uncommon  expences.  But  the  cause  of  this 
gaiety  has  ceased,  and  all  the  effect  remaining,  is, 


\  "  It  is  certain,  that  from  the  very  time  Sir  Walter  Raleigh,  the  fa- 
ther of  our  English  colonies,  and  his  associates,  first  projected  these  establish- 
ments, there  have  been  persons  who  have  found  an  interest,  in  misrepresenting, 
or  lessening  the  value  of  them  — The  attempts  were  called  chimerical  and 
dangerous.  Afterwards  many  malignant  suggestions  were  made  about  sacri- 
ficing so  many  Englishmen  to  the  obstinate  desire  of  settling  colonies  in  coun- 
tries which  then  produced  very  little  advantage.  But  as  these  difficulties 
were  gradually  surmounted,  those  complaints  vanished.  No  sooner  were 
these  lamentations  over,  but  others  arose  in  their  stead ;  when  it  could  be  no  long- 
er said,  that  the  colonies  were  useless,  it  was  alledged  that  they  were  not  use- 
ful enough  to  their  mother  country ;  that,  while  we  were  loaded  with  taxes, 
they  were  absolutely  free  ;  that  the  planters  lived  like  princes,  while  the  inha- 
bitants of  England  laboured  hard  for  a  tolerable  subsistence.  This  produced 
customs  and  impositions,  which,  if  grievous  to  the  plantations,  must  turn  to 
our  disadvantage,  as  well  as  theirs,  and  consequently  become  detrimental  to 
both."  POSTLETIIWAYT'S  univ.  diet,  of  trade  and  commerce. 

VOL.    I.  K 


(      74      ) 

that  we  are  to  be  treated  as  a  rich  people,  when  we 
are  really  poor.  TuHy  mentions  a  man  who  lost 
an  honourable  office,  by  the  homely  entertainment 
he  gave  the  people  of  Rome,  when  he  could  have 
afforded  a  better ;  but  WTC  have  lost  vastly  more  by 
the  imprudent  excess  of  kindness,  with  which  we 
have  treated  the  people  of  Great-Britain  who  have 
come  among  us,  at  an  expence  that  did  not  suit 
our  fortunes* 

To  all  the  disadvantages  that  have  been  menti- 
oned, it  must  be  added,  that  our  markets  are  much 
more  precarious  than  those  at  home.  It  is  com- 
puted, that  one  half  of  the  people  there  live  in 
cities,  and  consequently  there  must  be  a  perpetual 
domestic  demand  for  the  productions  of  the  earth  ; 
and  foreign  markets  are  not  far  distant  for  the  over- 
plus. Here  the  quantity  sold  for  consumption 
among  us  is  small,  and  most  of  the  foreign  mar- 
kets are  very  remote. 

THESE  reasons  induce  me  to  think,  that  the  co- 
lonies, unless  some  fortunate  events,  not  to  be  ex- 
pected, should  happen,  cannot  bear  the  restricti- 
ons and  taxations  laid  upon  them  by  their  mother 
country,  without  suffering  very  severely.  What 
then  can  we  do  ?  Which  way  shall  we  turn  our- 
selves ?  How  may  we  mitigate  the  miseries  of  our 
country  ?  Great-Britain  gives  us  an  example  to 


(     7*     ) 

guide  us.  She  teaches  us  to  make  a  distinction 
between  her  interests  and  our  own.  Teaches  !  She 
requires— commands — insists  upon  it — threatens 
—compels — and  even  distresses  us  into  it. 

WE  have  our  choice  of  these  two  things— to, 
continue  our  present  limited  and  disadvantageous 
commerce — or  to  promote  manufactures  among 
ourselves,  with  a  habit  of  ceconomy,  and  thereby 
remove  the  necessity  we  are  now  under  of  being 
supplied  by  Great-Britain.^ 

IT  is  not  difficult  to  determine  which  of  these 
things  is  most  eligible.  Could  the  last  of  them  be 
only  so  far  executed,  as  to  bring  our  demand  for 
British  manufactures  below  the  profits  of  our 
foreign  trade,  and  the  amount  of  our  commodities 
immediately  remitted  home,  these  colonies  might 
revive  and  flourish.  States  and  families  are  enrich- 
ed by  the  same  means  ;  that  is,  by  being  so  indus- 
trious and  frugal,  as  to  spend  less  than  what  they 
raise  can  pay  for^ 

WE  have  examples  in  this  province,  which  if 
imitated  by  others,  must  unavoidably  produce  the 
most  happy  effects  for  us  :  I  mean  the  examples  of 
the  industrious,  frugal,  honest  Germans.  Their 
lands  are  as  well  cultivated  as  tjiey  can  be  in  this 
new  country,  and  they  have  the  good  sense  to  re- 


'(     76      ) 

quire  very  little  provisions  and  clothes  more  than 
they  can  get  from  their  own  farms^  and  make  with 
their  own  hands.  If  we  only  consider  for  a  mo- 
ment the  consequences  of  such  a  conduct,  should 
it  be  general,  we  must  be  convinced  it  must  pro- 
duce commerce,  since  all  superfluities  would  be 
exported ;  and  the  owners  having  few  demands  in 
return,  that  commerce  would  of  course  produce 
wealth. 

f 

INDEED  we  shall  be  compelled,  I  apprehend, 
generally  to  imitate  these  examples.  The  late 
regulations,  and  our  constant  remittances  to  Great- 
Britain,  have  extremely  lessened  the  quantity  of 
money  among  us,  and  yet  these  remittances  are  not 
sufficient  to  pay  for  those  things  we  require  from 
home.  Necessity  will  teach  us  two  ways  to  relieve 
ourselves.  The  one,  is,  to  keep  the  British  manu- 
factures we  purchase  longer  in  use  or  wrear  than 
we  have  been  accustomed  to  do.  The  other,  is, 
to  supply  their  place  by  manufactures  of  our  own. 
I  do  not  suppose  our  difficulties  will  immediately 
produce  expert  artists  among  us ;  but  as  the  inha- 
bitants here  generally  reside  on  their  lands,  and 
live  in  a  plain  rustic  way,  they  will  be  able  to  sup- 
ply themselves  with  many  articles.  Some  author, 
and  I  think  Keyslcr,  says,  that  in  Switzerland  eve- 
ry family  has  all  the  trades  in  it  that  are  necessary 
for  its  use.  Their  work  is  not,  it  may  be  presumed, 


(      77      ) 

at  all  in  the  taste  of  London  or  Paris,  but  it  serves 
their  purpose  ;  and  their  coarse  clothes  and  simple 
furniture  enable  them  to  live  in  plenty,  and  to  de- 
fend their  liberty.  Something  of  this  kind  will  be, 
nay,  already  is,  practised  by  us.  It  is  surprising 
to  see  the  linen  and  cloth  that  have  been  lately 
made  among  us.  Many  gentlemen  in  this  city 
dress  now  in  suits  produced,  manufactured,  and 
made  up  in  this  province.  The  cloth  is  not  equal 
in  fineness  to  the  best  broad- cloth,  but  it  is  warm, 
strong,  and  not  very  homely  ;  and  when  the  British 
workmen  understand  that  they  may  meet  with  bet- 
ter encouragement  here  than  they  do  at  home,  I 
believe  in  a  few  years  we  shall  have  very  different 
kinds  of  cloth  among  us  from  these  we  now  make. 
Instances  are  not  wanting  to  justify  the  most  san- 
guine expectations  on  this  head.  Spain  used  for- 
merly to  be  entirely  supplied  with  cloths  from  Eng- 
land;  but  in  the  reigns  only  of  their  two  last  kings, 
Philip  the  Vth,  and  Ferdinand  the  Vlth,  their 
manufactures  have  been  improved  to  such  a  degree, 
even  by  that  proud  and  indolent  people,  that  this 
commerce  has  entirely  ceased  in  most  parts  of  that 
kingdom.  The  same  thing  has  happened  in  France, 
notwithstanding  the  destructive  wars  in  which  she 
has  been  continually  involved.  Switzerland  some 
time  ago  spent  large  sums  of  money  in  foreign  com- 
modities ;  but  now  they  make  excellent  cloths,  and 
good  silks,  though  the  scheme  at  first  laboured  un- 


(      78      ) 

cler  very  great  difficulties.  That  country  used  also 
to  be  supplied  by  Savoy  with  wine  ;  but  the  duke 
laying  a  duty  upon  it,  the  Switzers  remonstrated, 
but  in  vain.  At  last  some  of  the  principal  men 
promoted  the  cultivation  of  vines,  though  their  pre- 
decessors had  never  planted  any.  The  result 
exceeded  their  hopes,  f  "  The  demand  for  the 
Savoyard  wine  daily  decreased,  and  instead  of  the 
precarious  advantage  arising  from  this  impolitic 
duty,  the  certain  revenue  was  irretrievably  lost, 
and  the  industrious  subject  deprived  of  the  benefit 
of  his  labour," 

"  BEFORE  the  settlement  of  these  colonies,"  says 
Postletbwayt,  "  our  manufactures  were  few,  and 
those  but  indifferent.  In  those  days  we  had  not 
only  our  naval  stores,  but  our  ships  from  our  neigh- 
bours. Germany  furnished  us  with  all  things  made 
of  metal,  even  to  nails.  Wine,  paper,  linens,  and 
a  thousand  other  things,  came  from  France.  Por- 
tugal supplied  us  with  sugar ;  all  the  products  of 
America  were  poured  into  us  from  Spain  ;  and  the 
Venetians  and  Genoese  retailed  to  us  the  commodi- 
ties of  the  East  Indies,  at  their  own  price." 

THE  astonishing  alterations  in  all  these  particu- 
lars, are  too  well  known  to  need  enumeration. 

*  Keytar. 


(     79     ) 

THESE  instances,  and  many  others  that  might 
be  mentioned,  may  convince  us,  that  nothing  is 
too  difficult  for  men  to  effect,  whose  hearts  are  filled 
with  a  generous  love  of  their  country ;  and  they 
may  convince  the  world  of  the  dangers  that  attend 
provoking  innovations  in  commerce.  A  branch  of 
trade  once  lost,  is  lost  forever.  In  short,  so  strong 
a  spirit  is  raised  in  these  colonies  by  late  measures, 
and  such  successful  efforts  are  already  made  among 
us,  that  it  cannot  be  doubted,  that  before  the  end 
of  this  century,  the  modern  regulations  will  teach 
America,  that  she  has  resources  within  herself,  of 
which  she  never  otherwise  would  have  thought. — 
Individuals,  perhaps,  may  find  their  benefit  in  op- 
posing her  use  of  these  resources  ;  but  I  hope  very, 
very  few,  will  wish  to  receive  benefits  by  such 
means.  The  man  who  would  promote  his  own 
interests  by  injuring  his  country,  is  unworthy  of 
the  blessings  of  society. 

IT  has  hitherto  been  thought,  by  the  people  of 
Great-Britain,  and  I  hope  it  will  still  be  thought, 
that  sufficient  advantages  are  derived  by  her  from  the 
colonies,  without  laying  taxes  upon  them.  To  re- 
present them  as  an  "  expensive  appendage  of  the 
"  British  empire,  that  can  no  other  way  repay  the 
"  trouble  and  treasure  they  cost  her,"  is  certainly 
one  of  the  greatest  errors ;  and  to  spend  much 
time  in  refuting  this  notion,  would  be  unnecessary. 


Every  advantage  accruing  to  the  colonies  by  their 

connection  with  the  mother  country,  is  amply 

dearly paid  for,  by  the  benefits  derived  to  her 

from  them,  and  by  the  restrictions  of  their  com- 
merce. These  benefits  have  been  allowed  by  the 
best  writers  to  be  immense,  and  J  consist  in  the 
various  employment  and  the  support  they  afford  her 
people.  If  the  colonies  enable  her  to  pay  taxes,  is 
it  not  as  useful  to  her,  as  if  they  paid  them  ?  Or, 
indeed,  may  not  the  colonies  with  the  strictest 
propriety  be  said  to  pay  a  great  part  of  those  taxes, 
when  they  consume  the  British  manufactures  load- 
ed with  the  advanced  prices  occasioned  by  such 
taxes  ?  Or,  further,  as  the  colonies  arc  compelled  to 
take  those  manufactures  thus  *  loaded,  when  they 
might  furnish  themselves  so  much  cheaper  from 
other  countries,  may  not  the  ciffercnce  between 
these  prices  be  called  an  enofmous  tax  paid  by  them 
to  Great-Britain  ?  May  they  not  also  be  said  to, 
pay  an  enormous  tax  to  her,  by  being  compelled  to 
carry  their  most  valuable  productions  to  her  alone, 


f  Chiefly ;  even  the  supplying  her  with  naval  stores,  &c.  being  inconsider- 
able, when  compared  with  the  other  advantages. 

*  "  If  it  be  asked  whether  foreigners,  for  v/hat  goods  they  take  of  us,  do 
not  pay  on  that  consumption  a  great  portion  of  our  taxes  ?  It  is  admitted  they 
do."  POSTLETHWAT  r's  Great-Britain  s  true  system. 

By  the  consumption  of  British  manufactures  in  America,  we  pay  a  heavier 
tax  to  Grtat-Britjin,  than  if  they  were  consumed  at  home.  For  in  the  brin^r- 


(     81      ) 

and  to  receive  what  she  pleases  to  give  for  them, 
when  they  might  sell  them  at  other  markets  to 
much  greater  advantage  ?  Lastly,  may  they  not 
be  said  to  pay  a  heavy  tax  to  her,  in  being  prohibit- 
ed from  carrying  on  such  manufactures  as  they 
could  have  employed  themselves  in  with  advan- 
tage, and  thus  being  obliged  to  resort  to  her  for 
those  things  with  which  they  might  supply  them- 
selves ?  If  these  things  are  true,  and  can  they  be 
denied !  may  not  the  mother  country  more  justly 
be  called  expensive  to  her  colonies,  than  they  can 
be  called  expensive  to  her  ? 

WHAT  would  France  give  for  such  expensive 

dominions  ? Would  she  refuse  the  empire  of 

North- America,  unless  the  inhabitants  would  sub- 
mit to  any  taxes  she  should  please  to  impose?  Or 


ing  them  here,  a  vast  number  of  merchants,  factors,  brokers  and  seamen  are 
employed,  every  one  of  which  must  have  such  a  profit,  as  will  enable  him  to 
support  himself  and  his  family,  if  he  has  any,  in  a  country  where  every  thing 
is  dear  by  reason  of  the  high  taxes. 

So  far  was  the  parliament  from  thinking  in  the  last  war,  that  any  further 
taxes  should  be  laid  on  the  colonies,  so  convinced  indeed  were  they  that  we 
had  exceeded  our  abilities  in  the  supplies  \ve  gave  to  the  crown,  that  several 
sums  of  money  were  granted  to  us  as  indemnifications  for  the  too  heavy  expen- 
ces  in  which  we  had  involved  ourselves. 

The  sums  thus  given,  paid  part  of  our  debts,  but  we  are  still  labouring  un- 
der the  remainder. 

VOL.     I.  L 


(      82     ) 

would  she  not  rather  afford  them  her  utmost  pro- 
tection, if  ever  they  should  be  wretched  enough  to 
require  it,  for  one  half  of  the  emoluments  Great- 
Britain  receives  from  them  ?  In  short,  the  amaz- 
ing increase  of  the  wealth  and  strength  of  this 
kingdom,  since  the  reign  of  queen  Elizabeth,  in 
whose  time  the  colonies  began  to  be  settled,  appears 
to  be  a  sufficient  proof  of  their  importance  :  And 
therefore  I  think  it  may  justly  be  said,  that  the  foun- 
dations of  the  power  and  glory  of  Great-Britain 
are  laid  in  America. 

WHEN  the  advantages  derived  by  the  mother 
country  from  her  colonies  are  so  J  important  and 
evident,  it  is  amazing,  that  any  persons  should  ven- 
ture to  assert,  "  that  she  poured  outlier  wealth  and 
"  blood  in  the  late  war,  only  for  their  defence  and 
"  benefit ;  and  that  she  cannot  be  recompensed  for 
"  this  expence  and  loss,  but  by  taxing  them." 


IF  any  man%ho  does  not  choose  to  spend  much 
time  in  considering  this  subject,  would  only  read 
the  speeches  from  the  throne  during  that  period, 
with  the  addresses  in  answer  to  them,  he  will  soon 
be  convinced  for  'whose  benefit  Great-Britain 
thought  she  was  exerting  herself.  For  my  part,  I 
should  not  now  be  surprized,  if  those  who  main- 

J;  Vide  note*  to  pages  48  and  49. 


tain  the  above-mentioned  assertions,  should  con- 
tend,  that  Great-Britain  ought  to  tax  Portugal. 
For  was  not  that  kingdom  "  defended  by  the  troops 
"  and  treasure.of  Great-Britain?"  And  how  can 

she  be  "  otherwise  recompensed  for  this  expence 
"-and  loss  ?»  If  the  protection  of  Portugal,  though 

no  taxes  are  received  from  thence,  was  beneficial 

to   Great-Britain,  infinitely  more  so  was  the  pro- 

tection  of  the  colonies. 

So   far  I  must  beg  leave  to  dissent  from  these 
gentlemen,  that  if  the  colonies,  by  an  increase  of 
industry  and  frugality,  should  become  able  to  bear 
this  taxation,  it  will,  in  my  apprehension,  notwith- 
standing be   injurious  to    Great-Britain.     If  the 
sum  be  trifling,  it  cannot  be  worth  the  discontent 
and  unhappiness  the  taking  it  will  produce  among 
so  many  faithful  subjects  of  his  majesty.     If  it  be 
considerable,   it  must  also  be  hurtful  in  another 
respect. 

It  must  be  granted,  that  it  is  not  merely  the 
bringing  money  into  a  nation  that  makes  it  weal- 
thy,  but  the  bringing  money  into  it  by  the  general 
industry  of  its  inhabitants.  A  country  may  perpetu- 
ally receive  vast  sums,  and  yet  be  perpetually  poor. 
It  must  also  be  granted,  that  almost  all  the  money 
acquired  by  the  colonies  in  their  other  branches- 
of  trade,  is  spent  by  them  in  Great-Britain, 


(      84      ) 

and  finds  employment  for  her  people.  Whatever 
then,  lessens  the  sum  so  spent,  must  lessen  that 
employment.  This  I  think  will  be  one  conse- 
quence of  the  STAMP  ACT:  for  our  demand  will 
be  as  much  less  for  British  manufactures,  as  the 
amount  of  the  sums  raised  by  the  taxes.  So  much 
the  fewer  British  merchants,  artists,  seamen  and 
ships  will  be  employed  by  us,  and  so  much  the 
more  distressed  at  first,  and  afterwards  so  much 
the  more  frugal,  f  ingenious,  laborious  and  indepen- 
dent will  the  colonists  become. 

IT  is  evident  from  the  concurrent  testimony  of 
her  own  most  noted  authors  on  this  subject,  that 
Great-Britain  is  sure  of  having  our  money  at  * 
last ;  and  it  appears  no  difficult  matter  to  determine, 
whether  it  is  better  to  take  it  in  taxes  or  trade. — 
Suppose  the  STAMP  ACT,  enforced  by  uncommon 
penalties  and  unheard  of  jurisdictions,  should  pick 
up  every  piece  of  gold  and  silver  that  shall  wander 
into  the  plantations,  what  would  Great-Britain 
gain  by  this  measure  ?  Or  rather  what  would  she 
not  lose,  by  attempting  to  advance  her  revenue  by 
means  so  distressing  to  commerce  ? 

f  Great-Britain  will  not  only  lose  in  such  case,  the  annual  amount  of  the 
taxes,  but  the  people  of  America  establishing  manufactures  through  dis- 
content, will  in  time  entirely  withdraw  their  intercourse  with  her. — And 
therefore  her  loss  of  the  whole  American  trade,  may  be  justly  attributed  tq 
this  inauspicious  beginning. 

*  See  notes  to  pages  48  and  49. 


(     85     ) 

BUT  if  the  late  restrictions  shall  not  prove  profita- 
ble^ perhaps  they  may  by   some  be  called  prudent 
for  another  reason.     We  are  informed  that  many 
persons  at  home  affect  to  speak  of  the  colonists,  as 
of  a  people  designing" and  endeavouring  to  render 
themselves   independent,  and  therefore  it  may  be 
said  to  be  proper  as  much  as  possible  to  DEPRESS 
them.     This  method  for  securing  obedience,  has 
been  tried  by  many  powerful  nations,  and  seems  to 
be  the  constant  policy  of   commonwealths  :     but 
the  attempt  in  almost  every  instance  from  Athens 
down  to   Genoa,    has  been    unsuccessful.     Many 
states  and  kingdoms  have  lost  their  dominions  by 
severity  and  an  unjust  jealousy.     I  remember  none 
that  have  been  lost  by  kindness  and  a  generous  con- 
fidence.    Evils  are  frequently  precipitated,  by  im- 
prudent attempts  to  prevent  them.     In  short,  we 
never  can  be  made  an  independent  people,  except 
it  be  by  \  Great-Britain  herself;  and  the  only  way 


I  "  If  we  are  afraid  that  one  day  or  other  the  colonies  will  revolt,  and  set 
up  for  themselves,  as  some  seem  to  apprehend  ;  let  us  not  drive  them  to  a  ne- 
cessity tofftl  themselves  independent  of  us;  as  they  it//// do,  the  moment  they 
perceive  that  they  can  be  supplied  with  all  things  from  iviMn  themselves ',  and  do  not 
need  our  assistance.  If  we  would  keep  them  still  dependent  upon  their  mo- 
ther country,  and  in  some  respects  subservient  to  their  views  and  welfare  ;  let 
us  make  it  their  INTEREST  always  to  be  so."  TUCKER  on  trade. 

"  Our  colonies,  while  they  have  English  blood  in  their  veins,  and  have  re- 
lations in  England,  and  WHILE  THEY  CAN  GET  BY  TRADING  WITH  us,  the 
stranger  and  Create r  they  grow,  the  more  this  crcvjn  and  kingdom  Vttyget  by  them  ; 


(      86      ) 

for  her  to  do  it,  is  to  make  us  frugal,  ingenious,  f 
united  and  discontented. 

But  if  this  event  shall  ever  happen,  which  Provi- 
dence I  hope  will  never  permit,  it  must  be  when 
the  present  generation  and  the  present  set  of  senti- 
ments are  extinct.  Late  measures  have  indeed 
excited  an  universal  and  unexampled  grief  and 
indignation  throughout  the  colonies.  What  man 
who  wishes  the  welfare  of  America,  can  view  with- 


and  nothing  but  such  an  arbitrary  power  as  shall  make  them  desperate  can 
bring  them  to  rebel."  DAVENANT  on  the  plantation  trade. 

"  The  northern  colonies  are  not  upon  the  same  footing  as  those  of  the 
south ;  and  having  a  worse  soil  to  improve,  they  must  find  the  recompence 
some  other  way,  which  only  can  be  in  property  and  dominion  :  upon  which 
score,  any  innovations  in  the  form  of  government  there,  should  be  cautiously 
examined,  for  fear  of  entering  upon  measures,  by  which  the  industry  of  the 
inhabitants  be  quite  discouraged.  'Tis  ALWAYS  UNFORTUNATE  fora  people, 
either  by  CONSENT  or  upon  COMPULSION,  to  depart  from  their  PRIMITIVE 
INSTITUTIONS,  and  THOSE  FUNDAMENTALS,  by  which  they  were  FIRST 

UNITED   TOGETHER."  Idem. 

f  The  most  effectual  way  of  uniting  the  colonies,  is  to  make  it  their  com- 
mon interest  to  oppose  the  designs  and  attempts  of  Great-Britain, 

"  All  wise  states  will  veil  consider  how  to  preserve  the  advantages  arising 
from  colonies,  and  avoid  the  evils.  And  I  conceive  that  there  can  be  but  TWO 
ways  in  nature  to  hinder  them  from  throwing  off  their  dependence  ;  one,  to 
keep  it  out  of  their foti-fr,  and  the  other,  out  of  their  iv'ilL  The  Jirst  must  be 
by  force ;  and  the  latter,  by  using  them  tvcll,  and  keeping  them  employed  in 
such  productions,  and  making  such  manufactures,  as  will  support  themselves 
and  families  comfortably,  and procttrt  il-em  ivi-alib  toy^  and  at  least  net  prejudice 
their  mother  country. 


(     87      ) 

out  pity,  without  passion,  her  restricted  and  almost 
stagnated  trade,  with  its  numerous  train  of  Devils — 

taxes  torn  from  her  without  her  consent Her 

legislative  assemblies,  the  principal  pillars  of  her 
liberty,  crushed  into  insignificance — a  formidable 
force  established  in  the  midst  of  peace,  to  bleed  her 
into  obedience — the  sacred  right  of  trial  by  jury, 
violated  by  the  erection  of  arbitrary  and  unconsti- 

Force  can  never  be  used  effectually  to  answer  the  end,  voi&ovt  destroying  the 
coknics  tlemsefoes.  Liberty  and  encouragement  are  necessary  to  carry  people 
thither,  and  to  keep  them  together  when  they  are  there  ;  and  violence  will 
hinder  both.  Any  body  of  troops  considerable  enough  to  awe  them,  and 
keep  them  in  subjection  under  the  direction  too  of  a  needy  governor,  often 
sent  thither  to  make  his  fortune,  and  at  such  a  distance  from  any  application 
for  redress,  will  soon  put  an  end  to  all  planting,  and  leave  the  country  to  the 
soldiers  alone,  and  if  it  did  not,  -would  eat  up  all  tie  profit  of  the  colony.  For  this 
reason,  arbitrary  countries  have  not  been  equally  successful  in  planting  colo- 
nies with  free  ones ;  and  what  they  have  done  in  that  kind,  has  either  been 
by  force  at  a  vast  expence,  or  by  departing  from  the  nature  of  their  government^ 
andjfWft£  such  privileges  to  planters  as  were  denied  to  their  other  subjects.  And  I 
dare  say,  that  a  few  prudent  laws,  and  a  little  prudent  conduct,  would  soon 
give  us  far  the  greatest  share  of  the  riches  of  all  America t  perhaps  drive  many 
of  other  nations  out  of  it,  or  into  our  colonies  for  shelter. 

There  are  so  many  exigencies  in  all  states,  jo  many  foreign  ivars,  and  dctxcstlc  dis- 
turbances, that  these  colonies  CAN  NEVER  WANT  OPPORTUNITIES,  if  they  watch 
for  them,  to  do  -what  they  shall  find  their  interest  to  do  ;  and  therefore  we  ought  to 
take  all  the  precautions  in  our  power,  that  it  shall  never  be  their  interest  to  act 
against  that  of  their  native  country  ;  an  evil  which  can  no  otherwise  be  avert- 
ed, than  by  keeeping  them  fully  employed  in  such  trades  as  ivill  increase  ihtir 
«ivny  as  well  as  our  wealth  ;  for  it  is  much  to  be  feared,  if  we  do  not  find  em- 
ployment for  them,  they  may  find  it  for  us.  The  interest  of  the  mother  coun- 
try, is  always  to  keep  them  dependent,  and  so  employed  ;  and  it  requires  all 
her  address  to  do  it ;  and  it  is  certainly  more  easily  and  effectually  done  by  gentle 
and  insinsible  methods,  than  by  power  alone."  CATO'S  letters. 


I     88      ) 

tutional  jurisdiction — and  general  poverty,  discon- 
tent and  despondence  stretching  themselves  over 
his  unoffending  country  ? 

THE  reflections  of  the  colonists  on  these  melan- 
choly subjects,  are  not  a  little  embittered  by  a  firm 
persuasion,  that  they  never  would  have  been  treated 
as  they  are,  if  Canada  still  continued  in  the  hands 
of  the  French.  Thus,  their  hearts  glowing  with 
every  sentiment  of  duty  and  affection  towards  their 
mother  country,  and  expecting,  not  unreasonably 
perhaps,  some  marks  of  tenderness  in  return,  are 
pierced  by  a  fatal  discovery,  that  the  vigorous 
assistance  which  they  faithfully  afforded  her  in  ex- 
tending her  dominions,  has  only  proved  the  glori- 
ous but  destructive  cause  of  the  calamities  they  now 
deplore  and  resent. 

YET  still  their  resentment  is  but  the  resentment 
of  dutiful  children,  who  have  received  unmerited 
blows  from  a  beloved  parent.  Their  obedience  to 
Great-Britain  is  secured  by  the  best  and  strongest 
ties,  those  of  affection ;  which  alone  can,  and  I 
hope  will  form  an  everlasting  union  between  her 
and  her  colonies.  May  no  successes  or  suspicions 
ever  tempt  her  to  deviate  from  the  natural  gene- 
rosity of  her  spirit And  may  no  dreadful  revo- 
lution of  sentiments  ever  teach  them  to  fear  her 
victories,  or  to  repine  at  her  glories.  /  am,  &c. 


POSTSCRIPT. 

1  HAVE  omitted  mentioning  one  thing  that  seems 
to  be  connected  with  the  foregoing  subject. 

WITH  a  vast  expence  of  blood  and  wealth,  we 
fought  our  way  in  the  late  war  up  to  the  doors  of 
the  Spanish  treasuries,   and  by  the  possession  of 
Florida,  might   obtain  some   recompence  for  that 
expence.     Pensacola,  and  the  other  ports  in  that 
country,  are  convenient  places,  where  the  Spani* 
ards  might  meet  us,  and  exchange  their  silver  for 
the  manufactures  of  Great* Britain,  and  the  provi- 
sions of  these  colonies.     By  this  means,  a  com- 
merce inconceivably  beneficial  to  the  British  sub- 
jects, might  be  carried  on.     This  commerce  the 
Spaniards  wish  and  have  endeavoured  to  carry  on. 
Many  hundred  thousand  dollars  have  been  brought 
by  them  to  Pensacola  to  lay  out  there  ;  but  the  men 
of  war  on  that  station  have  compelled  them  to  take 
back  their  cargoes,   the  receipt  of  which,   it  may 
from  thence  be  presumed,  would  be  destructive  to 

the  interest  of  Great-Britain. Thus  we  receive 

less  advantage  from  Florida,  now  it  belongs  to  us, 
than  we  did  when  it  was  possessed  by  our  enemies  ; 
for  then  by  permission  from  the  Spanish  governors, 

VOL.   i.  M 


(      90      ) 

to  trade   there,  we   derived  considerable    emolu- 
ments from  our  intercourse  with  them. 

UPON  wrhat  reasons  this  conduct  is  founded,  is 
not  easy  to   determine.     Sure  no    one  considers 
Florida  in  the  same  light  with  these  colonies,  and 
thinks  that  no  vessels  should  be  permitted  to  trade 
there,   but  British  shipping.     This  would  be  to 
apply  the  acts  of  navigation  to  purposes   directly 
opposite  to  the  spirit  of  them.     They  were  intend- 
ed to  preserve  an  intercourse  between  the  mother 
country  and  her  colonies,  and  thus  to  cultivate  a 
mutual  affection  >  to  promote  the  interests  of  both, 
by  an  exchange  of  their  most  valuable  productions 
for  her  manufactures ;   thereby  to  increase  the  ship- 
ping of  both ;   and  thus  render   them,    capable  of 
affording  aid  to  each  other.     Which  of  these  pur- 
poses is  answered  by  prohibiting  a  commerce,  that 
can  be  no  other  way  carried  on  ?  That  is,  by  forbid- 
ding the  Spaniards  to  bring  their  wealth  for  us  to 
Florida,  which  is  an  unhealthy  sand-bank,  held  by  a 
garrison,  at  a  great  expence  of  money,  and  a  great  - 
.er    of  lives,   that  cannot  for   ages,  if  ever  it  will, 
yield  a  single  advantage  to  Great-Britain,  but  that 
she  refuses  to  enjoy. 


HOUSE    OF    REPRESENTATIVES, 

I  N 

P  ENNSTL  V  AN  I  A, 

SEPTEMBER     11,     1765. 

JL  HE  house  resumed  the  consideration  of  their 
resolution  of  yesterday,  to  appoint  a  committee  of 
three  or  more  of  their  members,  to  attend  a  general 
congress  of  committees  from  the  several  assem- 
blies on  this  continent,  to  be  held  at  New -Tor  k, 
on  the  first  of  October  next,  and  after  some  time 
spent  therein, 

JResohcd, 

That  Mr.  Speaker,  Mr.  Dickinson,  Mr.  Bryan, 
and  Mr.  Morton,  be,  and  they  are  hereby  nomi- 
nated and  appointed  to  attend  that  service/' 


THE 

ROUGH     DRAFT 


OF     THE 


Resolves  of  the  first  Congress, 

HELD  AT  NE  W.YORK,  IN  THE  TEAR  1765. 


E,  the  Deputies  from  the  colonies  of 
Massachusetts  Bay,  Rhode-Island,  Connecticut, 
New-  York,  New-Jersey,  Pennsylvania,  the  lower 
Counties  on  Delaware,  Maryland,  and  South-Caro- 
lina, in.general  congress  assembled,  DECLARE, 

1.  THAT  his  majesty's  subjects  in  these  colo- 
nies, owe  the  same  allegiance  to  the  crown  of  Great 
Jlritain,  that  is  due  from  his  subjects  born  within 
the  realm. 

2,  THAT  all  acts  of  parliament,  not  inconsistent 
with  the  principles  of  freedom,  are  obligatory  on 
the  colonists. 


3.  THAT  his  majesty's  liege  subjects  in  these 
colonies,  are  as  free  as  his  subjects  in  Great  Bri- 
tain. 

4.  THAT  it  is  inseparably  essential  to  the  free- 
dom of  a  people,  that  no  taxes  be  laid  upon  them, 
but  with  their  own  consent  given  personally,  or  by 
their  representatives. 

5.  THAT   the  people  of  these  colonies  are  not, 
and  from  local  circumstances  cannot  be  represented 
in  the  house  of  commons  in  Great  Britain. 

6.  THAT  the  only  representatives  of  the  people 
of  these  colonies,   are  the  persons  chosen  therein 
by  themselves  for  that  purpose. 

7.  THAT  no  taxes  can  be  constitutionally  impos- 
ed on  the  people  of  these  colonies,  but  by  their 
grants  made  in  person  or  by  their  representatives. 

8.  THAT  the  power  of  granting  supplies  to  the 
crown   in   Great  Britain  belonging  solely  to  the 
commons,  and  consequently  all  such  grants  being 
only  gifts  of  the  people  to  the  crown,  it  therefore 
involves  an  inconsistency  with  the  principle  and 
spirit  of  the  British  constitution,  and  with  reason, 
for  the  commons  of  Great  Britain  to  undertake  to. 
give  to  his  majesty,  according  to  the  terms  of  the 


(    .95      ) 

late  act  of  parliament,  entituled,  "  An  act  for  grant- 
ing certain  duties  in  the  British  colonies  and  plan- 
tations in  America,"  &c.  the  property  of  the  co- 
lonists. 

9.  THAT  trial  by  jury  is  the  inherent  and  inva- 
luable right  of  every  freeman  in  these  colonies. 

10.  THAT  the  late  act  of  parliament  passed  in 
the  fifth  year  of  his  majesty's  reign,  entituled,  "  An 
"  act  for  granting  and  applying  certain  stamp  du- 
"  ties  and  other  duties,   in  the  British  colonies 
"  and  plantations  in  America,"   and  by  imposing 
taxes  on  the  inhabitants  of  these  colonies,  and  by 
extending  the  jurisdiction  of  the  courts  of  admi- 
ralty,   is  subversive   of  their   most  sacred  rights 
and  liberties. 

11.  That  the  duties  imposed  by  the  said  first 
mentioned  act,  will  be,  from  the  peculiar  circum- 
stances of  these  colonies,   extremely  grievous  and 
burthensome. 

12.  That  the  restrictions  imposed  by  several  late 
acts  of  parliament  on  the  trade  of  these  colonies, 
must  of  necessity  be    attended  by   consequences 
very  detrimental  to  the  interests  of  Great- Britain 
and  America. 


13.  That  the  prosperity  of  these  colonies  depends 
on  the  reservation  of  their  rights  and  liberties,  and 
an  intercourse  with  Great-Britain  mutually  affec- 
tionate and  advantageous* 

14.  That  it  is  the  indispensible    duty  of  these 
colonies  to  the  best  of  sovereigns,  to  the  mother 
country,  and  to  themselves,  to  endeavour  by  legal 
and  dutiful    addresses  to  his  majesty,   and   both 
houses  of  parliament,  to  procure  the  repeal  of  the 
"  act   for   granting  and   applying   certain  stamp 
"  duties,"  of  all  clauses  whereby  the  jurisdiction 
of  the  admiralty  is  extended  as   aforesaid,  and  of 
the  other  late  acts  for  the  restriction  of  American 
commerce. 

15.  That  it  is  the  right  of  the  British  subjects  on 
this  continent  to  petition  the  king,    and  lords  and 
commons  in  parliament  assembled,  whenever  they 
judge  their  liberties  and  interests  to  be  so  far  affect- 
ed, as  to  render  such  applications  necessary." 


A    N 

ADDRESS 

TO    THE 

COMMITTEE  OF  CORRESPONDENCE 

I   N 

BARBADOES. 

OCCASIONED  BY  A  LATE  LETTER  FROM  THEM 

T  o 
THEIR  AGENT  IN  LONDON. 

ST  A   NORTH-AMERICAN. 


THIS  WORD,  REBELLION,  HATH  FROZE  THEM  UP 

LlKE    FISH    IN    A    POND.  SHAKESPEARE. 


PRINTED    AT    PHILADELPHIA,    IJ*   THE    YEAR    i;66. 


VOL.      I.  N 


PREFACE. 

A  D  the  charge  of  REBELLION  been  made  by 
a  private  person  against  the  colonies  on  this  conti- 
nent, for  their  opposition  to  the  Stamp  Act,  1 

should  not  have  thought  it  worth  answering. 

But  iv hen  it  was  made  by  men  vested  with  a  public 
character,  by  a  committee  of  correspondence,  repre- 
senting two  branches  of  legislature  in  a  considerable 
government,  and  the  charge  was  not  only  approved^ 
as  it  is  said,  by  those  branches,  but  was  actually 
published  to  the  world  in  news-papers,  it  seemed  to 
me  to  deserve  notice.  I  waited  some  time,  in  hopes 
of  seeing  the  cause  espoused  by  an  abler  advocate  ; 
but  being  disappointed,  I  resolved,  "  favente  Deo," 
to  snatch  a  little  time  from  the  hurry  of  business, 
and  to  place,  if  I  could,  the  letter  of  those  gentle- 
men to  their  agent,  in  a  proper  light. 

It  is  very  evident  from  the  generality  of  their 
accusation  against  their  "  fellow -subjects  on  the 
"  northern  continent ;"  of  the  expressions  they  use 
in  the  latter  part  of  their  letter,  when  they  speak 
of  the  "  violent  spirit  raised  in  the  North- Ameri- 
"  can  colonies,"  and  from  what  follows,  that  they 
do  not  apply  the  opprobrious  term  they  use,  only  to 
those  few  of  the  lower  rank,  who  disturbed  us  with 


(         100        ) 

two  or  three  mobs  in  some  of  the  provinces,  nor  to 
any  other  particular  class  of  people  ;  but  that  the 
censure  is  designed  for  ALL  the  inhabitants  of  these 
colonies  who  were  any  way  concerned  in  the  opposi- 
tion that  has  been  given,  and  consequently  that  the 
modes  of  that  opposition  are  thereby  condemned. 
Two  considerations  therefore  have  induced  me  to  un- 
dertake their  defence.  First,  to  vindicate  ihe  ho- 
nour of  my  country,  which  I  think  grossly  and 
wantonly  insulted.  Secondly,  to  refute  opinions, 
that  in  unfortunate  times,  may,  if  adopted,  be  inju- 
rious to  liberty. 

•.  Many  good  pieces,  have  been  published  in  these 
colonies,  to  shew  their  title  to  the  rights  claimed  by 
them  ;  the  invasion  of  those  rights  by  the  Stamp 
Act  ;  the  other  hardships  imposed  on  them,  and  the 
bad  consequences  that  probably  would  follow  these 
measures ;  but  nothing  has  appeared,  at  least  I 
have  seen  nothing  that  I  recollect,  in  defence  of  the 
principle  on  which  the  opposition  has  been  made, 
and  of  the  manner  in  which  it  has  been  conducted. 
These  are  points  entirely  new  ;  and  the  considera- 
tion of  them  is  now  rendered  necessary,  by  the  pub- 
lic reproach  that  has  been  thrown  on  the  people  of 
this  continent* 


A 

LETTER 

FROM    THE 

COMMITTEE  OF  CORRESPONDENCE 

I   N 

BARBADOES, 

TO    THEIR    AGENT    IN    LONDON- 
S  I  R, 

IN  compliance  with  the  united  resolution  of 
tc  the  two  branches  of  our  legislature,  of  which  we 
44  have  severally  the  honour  to  be  members,  and  to 
"  compose  their  committee  of  correspondence,  we 
"  are  now  to  desire  you  to  lay  our  complaints  be- 
"  fore  his  majesty  and  the  parliament,  on  the  hard- 
"  ships  which  this  community  labours  under,  by 
44  the  imposition  of  the  stamp  duties,  lately  put 
"  in  force  amongst  us.  We  have,  indeed,  sub- 
"  mitted,  with  all  obedience,  to  the  act  of  parli- 
"  ament ;  yet  our  submission  has,  by  no  means, 
"  arisen  from  any  consciousness  of  our  ability  to 
'*  bear  the  burden  of  these  taxes,  or  from  the  want 


C         102        ) 

"  of  a  due  sense  of  the  oppressive  weight  of  them 
"  in    all  its  parts,  but  from  a  principle  of  loyalty 
44  to  our  king  and  mother  country,  which  has  carri- 
44  ed  us  above  every  consideration  of  our  own  dis- 
44  tresses  :  yet,  if  we  have  suffered  without  resist- 
44  ance,  we  have  learnt  by  it  to  complain  withrea- 
44  son  ;  and,  since  we  have  raised  no  clamours  from 
44  our  own  fears,  we  must  surely  have  the  better  ti- 
44  tie  to  remonstrate  from  our  feelings.     But,  with 
44  respect  to  the  manner  in  which  our  grievances 
41  in  this  case,  along  with  so  good  a  proof  of  our 
44  obedience  to  the  laws  of  our  mother  country,  are 
i4  to  be  reported  to  his  majesty  and  the  parliament, 
44  we  must  refer  ourselves  to  your  good  judgment 
44  and  discretion ;  so  much  better  circumstanced 
44  as  you  are  on  that  side  of  the  water  to  judge  for 
44  us,  than  we  can  do  at  this  distance  for  ourselves; 
44  and  so  perfectly  assured  asVe  are  also  of  your 
44  ability  and  zeal,  in  the  conduct  of  every  matter 
44  of  importance  that   can    be    intrusted   to  your 
44  agency  for  this  country's  service.     To  you,  sir, 
44  therefore  we  give  the  power,  in  the  name  of  our 
44  council  and  assembly,  to  present  such  a  memo- 
44  rial,  or  memorials,  to  his  majesty,   and  the  two 
44  houses  of  parliament  (if  to  all  be  necessary)  as 
44  to  yourself  shall  seem  most  proper  and  advise- 
44  able  ;  setting  forth  the  anxiety  and  distresses  of 
*4  our   country,   under  this  new  and  extraordinary 
44  burden  of  taxation,  by  which  we  not  only  find 


(      103 

"  ourselves  loaded  with  a  charge    more  than  is 
44  proportioned  to  our  circumstances,   but  deprived 
"  also  of  a  privilege,  which  renders  the  oppression 
44  beyond  measure  grievous.     We  see  two  of  the 
44  most  important  objects  to  such  a  colony  as  ours, 
44  trade  and  justice,   crouching  under  the  load  of 
u   these  new  duties  ;  and  by  the   manner  in  which 
44  the  duties  have  been   imposed,   we  find  too  the 
44  most  valuable  of  all  our  civil  rights  and  liber- 
44  ties  sinking  along   with   them.     The   design  of 
"  this  new  and   extraordinary   charge   upon    our 
44  country  is,   towards    defraying   the  expences  of 
44  defending,  protecting  and  securing,  the  colonies 
44  of  AMERICA.     But  what  new  and  extraordinary 
44  expence  has  this  colony  put  the  nation  to,  for 
4t  the  expence  of  maintaining  of  troops  quartered 
"  in  the  several  provinces  of  NORTH- AMERICA, 
"  for  the  protection  and  security  of  those  parts  of 
44  the  British  dominions  ?  This  is  just  as  reason- 
"  able,  and  just  as  merciful  too,  as  it  would  be  to 
44  impose  a  heavy  mulct  on  the  inhabitants  of  this 
44  place,  by  way  of  a  punishment  for  the  present 
44  REBELLIOUS  opposition  given  to  authority, 
44  by  our  fellow-subjects  on  the  northern  continent. 
44  But  if  we  are  to  be  subject  to  the  power  of  the 
44  parliament  of  Great-Britain    in    our  internal 
44  taxes,  we  must  be  always  liable  to  impositions, 
44  that  have  nothing  but  the  will  of  the  imposers 
i4  to  direct  them,  in  the  measure,  since  we  have 


"  there  no  representatives  to  inform  them  of  the 
"  true  state  of  our  circumstances,  and  of  the  degree 
"  of  our  strength  to  bear  the  burdens  that  are  im- 
"  posed.  How  far,  indeed,  we  are  intitled,  by  the 
u  constitution  of  ENGLAND,  or  our  own  peculiar 
"  charter,  to  an  exemption  from  every  other  inter- 
"  nal  tax,  than  such  as  may  be  laid  upon  us  by  the 
"  representatives  of  our  own  people,  in  conjunction 
"  with  the  two  other  branches  of  our  legislative 
"  body,  <we  cannot  positively  say  ;  but  this  is  cer- 
"  tain,  that  we  have  enjoyed  that  privilege,  that 
"  seeming  birth-right  of  every  BRITON,  ever  since 
"  the  first  establishment  of  a  civil  government  in 
"  this  island,  to  the  present  time.  And  why  we 
"  should  at  this  period  be  condemned  to  the  loss 
"  of  so  inestimable  a  blessing  of  society,  we  can 
"  see  no  cause  ;  since  the  present  period  has  af- 
"  forded  some  instances  of  loyalty  and  affection 
"  to  our  king  and  mother  country,  which  might 
"  rather  have  intitled  us  to  new  favours  from  the 
"  crown  and  nation,  than  have  left  us  exposed  to 
"  any  deprivation  of  our  old  and  valuable  rights. 
ct  Yet  how  far  it  may  be  prudent  and  necessary  to 
"  press  this  last  consideration  in  your  memorial 
"  to  our  superiors,  must  be  referred  to  your  good 
"  judgment ;  for  as  we  mean  to  obtain  a  redress  of 
"  our  grievances  by  a  dutiful  representation  only 
"  of  our  case,  so  would  we  have  any  thing  avoided 
"  in  the  stile  and  substance  of  that  representation^ 


"  as  might  give  offence  to  those  from  whom  only 
44  our  redress  can  come,  our  appeal  being  to  the 
44  very  powers  by  whom  \ve  think  ourselves  op- 
44  pressed ;  tho'  we  may  remonstrate  to  them  with 
"  justice,  <we  cannot  reproach  them  without  dan- 
"  ger ;  and  the  most  effectual  means  of  giving 
*'  ourselves  all  the  merit  we  hope  for,  and  intend, 
44  both  with  our  sovereign  and  the  parliament,  will 
44  be,  we  think,  by  giving  our  complaint  on  this 
*'  matter  the  complexion  of  our  conduct,  shewing  an 
44  humble  submission  to  authority,  even  under  the 
"  most  painful  heart-burnings  of  our  community, 
44  at  its  severe  decrees.  But  great  as  our  distresses 
"  are,  upon  account  of  this  new  taxation  in  its 
<c  general  course,  we  are  yet  fortunate  enough  not 
u  to  have  suffered  so  much  greater,  as  by  the  par- 
44  ticular  calamity  you  seem  to  have  apprehended 
44  for  us,  on  the  supposed  seizure  of  the  North - 
44  American  traders  ;  for  the  masters  of  those  ves- 
44  sels,  producing  certificates  at  our  custom-house, 
"  that  no  stamp  papers  were  to  be  had  at  the  ports 
"  they  came  from,  have  been  admitted  to  an  entry 
"  of  their  several  ships  and  cargoes,  being  suppos- 
44  ed  only  liable  to  the  penalties  inflicted  by  the 
44  Stamp  Act,  and  of  these  no  notice  have  been 
44  taken  ;  so  that  our  danger  from  the  circumstances 
44  you  suggested  to  the  ministers  is  over.  But  we 
44  see  another  arising  from  the  violent  spirit  raised 
VOL.  i.  O 


"  in  the  North- American  colonies  against  this  act, 
*'  which  threatens  us  with  the  same  ill  conse- 
'"  quences ;  we  mean,  from  their  avowed  resent- 
"  ment  at  the  people  of  this  island,  for  having  so 
"  tamely  submitted  to  the  act,  which  they  had  been 
"  pleased  so  resolutely  to  oppose.  This  having 
"  led  them  te  some  extraordinary  attempts  (as  we 
'"  have  been  informed)  to  prevent  any  vessels  com- 
"  ing  hither  with  provisions  for  our  support,  how 
"  far  a  combination  of  this  kind,  which  has  to 
'*'  struggle  with  the  private  interests  of  so  many 
"  individuals,  can  be  formed  amongst  them,  we 
"  may  at  first  be  led  to  doubt;  yet,  on  a  second 
'"  re  view  of  things,  how  far  the  excesses  of  popular 
"  fury,  which  has  no  bounds,  may  hurry  away  all 
u  those  individuals,  to  their  own,  as  well  as  our 
'V  immediate  prejudice,  we  may  reasonably  fear  ; 
"  and  we  think  it,  at  least,  necessary  to  make  men- 
"  tioli  of  it  to  you,  that  you  may  take  this,  amongst 
"  all  the  other  unhappy  consequences  we  may  feel 
"  from  that  injurious  act,  into  your  proper  consi- 
*'  deration." 

N.  B.  The  words  in  italics  are  those  animad- 
verted upon  in  the  following  address  ;  and  are  print- 
ed in  that  manner,  to  be  more  easily  distinguished, 
and  referred  to  bv  the  reader. 


ADDRESS,   &c. 


GENTLEMEN, 

1  AM  a  North -American,  and  my  intention-  is 
in  addressing  you  at  present,  to  answer  so  much 
of  a  late  letter  from  you  to  your  agent  in  London, 
as  casts  unmerited  censure  on  my  countrymen. — 
After  this  declaration,  as  you  entertain  such  unfa- 
vourable 'sentiments  of  the  "  popular-  fury"  on 
this  continent,.  I  presume  you-  expect  to  be 
treated  with  all  the  excess  of  passion  natural  to  a 
rude  people.  You  are  mistaken.  I  am  of  their 
opinion,  who  think  it  almost  as  infamous,  to*  di's- 
grace  a  good  cause  by  illiberal  language,  as  to 
betray  it  by  unmanly  timidity.  Complaints  may 
be  made  with  dignity  ;  insults  retorted  with  decen- 
cy ;  and  violated  rights  vindicated  without  violence? 
of  words. 

You  have  nothing  therefore  to  apprehend  from 
$ne,  gentlemen,  but  such  reflections  on,  your  QQII-, 


duct,  as  may  tend  to  rouse  that  remorse  in  you, 
which  always  arises  in  the  minds  of  ingenuous  per- 
sons, when  they  find  that  they  have  wounded  by 
their  rash  calumnies,  the  honor  of  those  who  merit 
their  highest  esteem, their  warmest  praises. 

I  KNOW  there  are  in  the  island  of  Barbadocs, 
many  men  of  sense,  spirit,  and  virtue  ;  and  there- 
fore I  choose  to  consider  you  rather  in  the  charac- 
ter of  such,  whose  understanding,  resolution,  and 
integrity,  have  been  drugged  by  some  pernicious 
draft  into  a  slumber,  than  of  those,  who  with  irre- 
trievable depravity,  want  all  the  qualities  requisite 
to  make  them  serviceable  to  their  countrymen,  or 
just  to  others. 

HAD  I  only  heard,  gentlemen,  that  you  had  called 
the  behaviour  of  these  colonies,  a  "REBELLI- 
OUS OPPOSITION  given  to  authority,"  I  should 
have  thought  it  a  vain  attempt,  to  aim  at  convinc- 
ing you,  how  unjustifiable  an  aspersion  that  expres- 
sion contained  ;  because  I  should  immediately  have 
concluded,  that  you  were  so  ignorant  of  the  rights 
of  British  subjects,  and  so  insensible  of  all  concern 
on  the  invasion  of  those  rights,  that  any  man  who 
should  endeavour  to  shew  you  your  error,  would 
engage  in  as  unpromising  a  project,  as  if  he  should 
think  to  communicate  an  idea  of  sound  to  the  deaf, 
or  of  colour  to  the  blind. 


WHEN  I  read  your  letter,  however,  with  an 
agreeable  surprize  I  observed,  that  you,  at  the  same 
time  you  have  made  the  attack,  have  laid  the  foun- 
dation of  a  defence  for  my  countrymen.  Permit 
me  to  erect  the  superstructure,  though  I  had  much 
rather  see  it. built  by  more  skilful  hands. 

You  acknowledge,  the  u  burthen  of  the  taxes 
"  imposed  by  the  Stamp  Act,  to  be  oppressive  in 
44  all  its  parts  ;"  that  you  are  thereby  not  only 
"  loaded  with  a  charge  more  than  is  proportioned 
"  to  your  circumstances,  but  deprived  also  of  a 
44  privilege,  which  renders  the  oppression  beyond 
"  measure  grievous:"  that  you  "  see  two  of  the 
44  most  important  objects,  TRADE  and  JUSTICE, 
44  crouching  under  the  load  of  the  new  duties ; 
44  and  by  the  manner  in  which  these  duties  have 
'4  been  imposed,  find  too  the  most  valuable  of  all 
"  your  civil  rights  and  liberties  sinking  along  with 
44  them." 

You  say  that  if  you  "  are  to  be  subject  to  the 
44  power  of  the  parliament  of  Great-Britain,  in 
44  your  internal  taxes,  you  must  always  be  liable 
44  to  impositions,  that  have  nothing  but  the  WILL 
44  OF  THE  IMPOSE RS  to  direct  them  in  the  mea- 
44  sure."  With  what  consistency  you  afterwards 
hesitate,  and  4t  cannot  say,"  whether  the  privilege 
of  taxing  yourselves,  exclusively  belongs  to  you, 


(         "0         ) 

or  talk  of  a  "  SEEMING  birth-right,"  I  will  leave- 
to  be  determined  by  yourselves,  or  the  agent  to 
whose  "  good  judgment  and  discretion,"  you  with 
such  strange,  I  had  almost  said  "-humble  submiss- 
"  ion,"  "  refer"  your  most  important  affairs. 
However  your  sentiments  soon  veer  about  again, 
and  you  speak  of  "  an  inestimable  blessing  of  sod - 
"  ety  ;"  of  "  old  and  valuable  rights  ;"  and  even 
hazard  the  hardy  appellation  of  "  severe  decrees.'* 

WHEN  it  is  so  evident  that  all  these  assertions 
are  equally  true  with  regard  to  yourselves,  and 
"  your  fellow-subjects  on  the  northern  continent," 
it  affords  no  slight  cause  of  amazement,  to  see  in 
the  same  letter  that  contains  these  assertions,  the 
opposition  to  those  confessedly  destructive  mea- 
sures, branded  as  "  REB-ELLIOUS."  Wherefore 
this  needless  stroke  against  your  "  fellow-sub- 
"  jects.;"  Could  not  your  "  principle  of  loyalty"  sink 
you  to  a  satisfactory  depth  of  humiliation, .  unless 
you  flung  yourselves  down  with  such  a  rage  of 
prostration,  as  to  spatter  all  around  you  ?  Wa's  not 
your  surrender  of  "  the  most  valuabk  of  all  rights 
tc  and  liberties  "  sufficiently  completed  by  your 
declaration,  that  you  u  COULD  NOT  POSITIVELY 
<c  SAY  you  'were  intitled  to  thern^  without  reproach-^ 
ing  those  who  have  the  misfortune  of  differing  so 
widely  from  you  in  their  sentiments,  that  they  had 
rather  die  than  make  such  a  declaration  ? 


(    111   ) 

To  talk  of  your  "  charter,"  gentlemen,  on  this 
occasion,  is  but  weakening  the  cause,  by  relying  on 
false  aids.  Your  opinion  on  this  head  seems  to 
be  borrowed  from  the  doctrine  of  the  unhappy 
Stuarts.  They  thought,  or  pretended  to  think,  all 
the  liberties  of  the  subject  were  mere  favours  grant- 
ed by  charters  from  the  crown.  Of  consequence, 
all  claims  of  liberties  not  expressly  mentioned  in 
those  charters,  were  regarded  as  invasions  of  the 
prerogative,  which  according  to  them,  was  a  power 
vested  in  the  prince,  they  could  not  tell  how,  for  no 
better  purpose,  than  to  do  as  he  pleased.  But 
what  said  the  nation  ?  They  asserted,  that  the  royal 
charters  were  declarations  but  not  gifts  of  liber- 
ties, made  as  occasions  required,  on  those  points 
in  which  they  were  most  necessary,  without  enu- 
merating the  rest ;  and  that  the  prerogative  was  a 
power  vested  in  one  for  the  benefit  of  all. 

KINGS  or  parliaments  could  not  give  the  rights 
essential  to  happiness,  as  you  confess  those  invaded 
by  the  Stamp  Act  to  be.  We  claim  them  from  a 

higher  source from  the  King  of  kings,  and 

Lord  of  all  the  earth.  They  are  not  annexed  to 
us  by  parchments  and  seals.  They  are  created  in 
us  by  the  decrees  of  Providence,  which  establish 
the  laws  of  our  nature.  They  are  born  with  us  ; 
exist  with  us ;  and  cannot  be  taken  from  us  by  any 
hujnan  power,  without  taking  our  livens.  In  short, 


(        "2        ) 

they  are  founded  on  the  immutable  maxims  of  rea- 
son and  justice.  It  would  be  an  insult  on  the  divine 
Majesty  to  say,  that  he  has  given  or  allowed  any 
man  or  body  of  men  a  right  to  make  me  miserable. 
If  no  man  or  body  of  men  has  such  a  right,  I  have 
a  right  to  be  happy.  If  there  can  be  no  happiness 
without  freedom,  I  have  a  right  to  be  free.  If  I 
cannot  enjoy  freedom  without  security  of  property, 
I  have  a  right  to  be  thus  secured.  If  my  property 
cannot  be  secure,  in  case  others  over  whom  I  have 
no  kind  of  influence,  may  take  it  from  me  by  taxes, 
under  pretence  of  the  public  good,  and  for  en- 
forcing their  demands,  may  subject  me  to  arbitrary, 
expensive,  and  remote  jurisdictions,  I  have  an  ex- 
clusive right  to  lay  taxes  on  my  own  property  either 
by  myself  or  those  I  can  trust ;  of  necessity  to  judge 
in  such  instances  of  the  public  good  ;  and  to  be 

exempt  from  such  jurisdictions. But  no  man 

can  be  secure  in  his  property,  who  is  "  liable  to 
"  Impositions,  that  have  NOTHING  BUT  THE  WILL 
"  OF  THE  i M POSERS  to  direct  them  in  the  mea- 
44  sure  ;"  and  that  make  "justice  to  crouch  under 
"  their  load." 

THUS  you  prove,  gentlemen,  that  the  fatal  act 
you  allude  to  in  these  expressions,  is  destructive  of 
our  property,  our  freedom,  our  happiness  :  that  it 
ir>  inconsistent  with  reason  and  justice  ;  and  sub- 
versive of  those  sacred  rights  which  GOD  himself 


(     us    ) 

from  the  infinity  of  his  benevolence  has  bestowed 
upon  mankind. 

YET  after  these  expressed  or  implied  concessi- 
ons, you  term  the  opposition  made  by  my  country- 
men to  the  execution  of  this imagination  can- 
not supply  me  with  an  epithet  equal  to  my  meaning 

act,    "   REBELLIOUS." 

PRAY>  gentlemen,  let  me  not  mistake  your  no* 
tion  of  "  humble  submission  to  authority."  Do 
you  maintain,  that  because  the  parliament  may  le- 
gally make  some  laws  to  bind  us,  it  therefore  may 
legally  make  any  laws  to  bind  us  ?  Do  you  assert, 
that  where  power  is  constitutionally  vested  in  par- 
ticular persons  for  certain  purposes,  the  same  obedi- 
ence is  due  to  the  commands  of  those  persons,  when 
they  exceed  the  limits  of  that  power,  as  when  they 
are  restrained  within  them  ?  Do  you  say,  that  all 
acts  of  authority  are  sanctified  by  the  mere  pleasure 
of  their  authors,  and  that  "  humble  submission  "  is 
due  to  them,  however  injurious  they  may  be  to 

those  over  whom  they  are  exercised or  that  the 

oppressed  ought  to  content  themselves  with  "  giv- 
"  ing  the  COMPLEXION  of  your  CONDUCT"  to 
TALE  petitions — and  that  all  other  opposition  is 
"  rebellious?" 

VOL.   i.  P 


GREATLY  I  am  afraid,  that  you  have  published 
to  the  world  too  convincing  proofs,  that  you  hold 
these  sentiments ;  sentiments,  which  I  solemnly 
profess  are  so  horrible  to  me,  that  I  cannot  wish 
the  infection  of  them  even  to  the  bitterest  enemies 
of  my  country. 

HAVE  you  considered,  gentlemen,  the  importance 
of  the  points  to  which  your  political  creed  may  be 
applied  ?  What  is  your  opinion  of  the  revolution, 
that  made  the  British  liberty  and  British  glory 
blaze  out  with  their  brightest  lustre  ?  Had  you 
lived  in  those  days  of  ignorance,  with  what  lucky 
assistance  might  you  have  propped  up  the  tottering 
tyrant,  by  maxims  of  law  to  prove,  that  kings  can 
do  no  wrong  ;  and  texts  of  scripture  to  shew,  that 
submission  is  due  to  the  powers  that  be  ! 

IT  is  as  manifest,  that  the  great  and  good  men 
who  then  placed  the  throne  in  the  temple  of  liberty, 
disdained  your  sentiments,  as  it  is,  that  if  they  had 
approved  them,  you  would  not  at  present  enjoy  the 
satisfaction  of  being  ruled  by  a  prince  whose  virtues 
do  honour  to  his  rank.  All  the  happiness  you 
possess,  you  owe  to  the  force  of  the  principle,  which 
you  now  reproach  \  and  your  professing  your  reso- 
lution to  persist  in  an  "  humble  submission"  to 
a£ts  that  you  expressly  say,  "  make  your  oppress- 
"  ion  beyond  measure  grievous,"  and  destroy  "  the. 


44  most  valuable  of  your  civil  rights  and  liberties," 
is  deserting  and  betraying  as  much  as  you  can,  that 
principle,  on  which  the  constitution  of  Great-Bri- 
tain is  established A  principle  that  has  operat- 
ed differently  among  these  colonies,  as  became 
them,  from  what  it  did  in  that  kingdom  at  the  me- 
morable period  abovementioned — - — not  in  action, 
but  negatively  in  a  refusal  to  act,  in  a  manner  de- 
structive to  them. 

LET  me  speak  plainly.  In  such  a  cause  to  pre- 
varicate or  fear,  is  worse,  if  possible,  than  falshood 
or  cowardice.  Good  breeding  in  private  life,  or 
good  behaviour  in  public  life,  can  never  require  a 
deviation  from  truth  or  virtue.  Our  obligation 
to  these,  is  co  existent  with  us,  and  unchangable.. 
No  other  relation  therefore  can  dissolve  or  diminish 
the  primary,  unalterable  duty. 


Do  you  believe,  gentlemen,  that  parliaments 
ver  did,  or  never  will  do  wrong  ?  Do  you  profess* 
an  infallibility  in  politics,  which  you  ridicule  in 
religion  ?  If  any  man  should  tell,  the  present  par- 
liament, they  are  all-wise  and  all-perfect,  I  am  per- 
suaded, it  would  be  esteemed  a  wretched  insult 
both  on  their  understanding  and  piety.  Say  they 
are  the  wisest  and  justest  assembly  on  earth  ;  and 
you  say  right.  But  human  wisdom  and  human 
justice  partake  of  human  frailties.  Such  is 


lot  of  our  nature— —and  to  bestow  the  attributes 
of  heaven  on  mortals,  who  to  day  are,  and  to-mor- 
row are  not,  is  the  wildness  of  adulation. 

SURELY,  you  cannot  persevere  in  your  error.  If 
the  stamp-act,  DETESTABLE  as  you  have  described 
it,  cannot  wake  you  from  dreams  of  submission,  yet 
is  there  no  idea  of  danger  or  distress  which  your 
fancy  can  represent  to  you,  that  you  think  would 

justify  you  in  something  else  than  petitioning  ? 

Have  you  no  "  feelings"  by  which  you  might  be 
tortured  a  little  beyond  "  remonstrating  ?"  /  do  not 
It  now  what  is  dreadful  to  YOU,  nor  can  I  form  the 
least  guess  what  would  be  so  :  but  suppose  to  your- 
selves an  act  of  parliament  commanding  you  to  do 
or  suffer  something  the  most  dreadful  in  the  world 

to  YOU  :   something  ten  thousand  times  more 

dreadful- — -^to  YOJ  I  mean- — -than  "  oppression 
"  beyond  measure  grievous;"  "  crushing  justice 
"  under  insupportable  burthens;"  or  u  sinking 
"  the  most  valuable  of  all  civil  rights  and  liber- 
44  ties."— — Whatever  that  would  be  \.Q  you,  the 
Stamp  act  is  to  my  countrymen. 

HERE  permit  me,  gentlemen,  to  ask,  whether  in 
such  a  case  you  would  "  humbly  submit,"  tho'  it. 
should  be  in  your  power  effectually  to  refuse  ?  To 
make  your  conduct  consistent  with  the  sentiments 
avowed  in  your  letter,  you  must. — — Would  you  ? 


(     "7      ) 

Then,  if  what  we  are  told  of  the  ancient  C a pp ado- 
dans  be  true,  you  would  exhibit  the  second  in- 
stance since  the  creation  of  mankind,  of  a  people 
choosing  to  be  slaves.  Would  you  refuse  ?  What 
then  becomes  of  your  "  principle  of  loyalty,'7  and 
your  "  obedience  to  the  laws  of  your  mother  coun- 
*•'  try  ?"  If  so,  they  are  only  fine  words,  with 
which  you  intend  to  purchase  some  sort  of  reputa- 
tion with  some  sort  of  people  ;  you  are  then  loyal 
and  obedient,  as  you  call  yourselves,  because  you 
apprehend  you  cannot  safely  be  otherwise  ;  and  the 
pretended  virtues  you  claim,  like  forced  fruits,  par- 
take too  strongly  of  the  manure  that  gave  them 
growth,  to  afford  any  agreeable  relish.  Thus  you 
reduce  yourselves  to  the  miserable  dilemma  of 
making  a  choice  between  two  of  the  meanest  cha- 
racters  of  those  who  would  be  slaves  from  incli- 
nation, tho'  they  pretend  to  love  liberty and  of 

those  who  are  dutiful  from,  fear,  tho'  they  pretend 
to  love  submission. 

PARDON  me,  gentlemen,  if  I  attribute  to  you  the 
virtue,  which  your  excessive  modesty  disclaims. 
Since  you  were  deterred  from  reproaching,  by  the 
cautious  consideration,  that  you  could  not  "  rc- 
"  proach  WITHOUT  DANGER;"  I  am.  almost  per- 
suaded, that  you  would  prefer  refusal  to  slavery, 
if  you  were  assured,  that  you  could  "  refuse  WITH- 

"  OUT   DANGER." 


You  greatly  injure  me,  gentlemen,  if  you  ima- 
gine from  what  I  have-  said,  that  I  am  not  a  hearty 
friend  to  my  king,  his  illustrious  Family,  to  Great- 
Britain,  or  to  the  connection  between  her  and  these 
colonies.  In  what  I  am  now  to  say,  I  shall  speak 
not  only  my  own,  but  the  universal  sentiments  of 
my  countrymen,  I  am  devoted  to  my  gracious  so- 
vereign, and  his  truly  royal  house,  by  principle  and 
affection.  They  appear  to  me  to  have  been  called 
by  Providence  to  the  throne  ;  not  to  have  gained  it, 
by  the  least  share  of  the  guilt,  or  even  of  the  art, 
that  has  so  often  exalted  the  most  unworthy  to. 

the  most  splendid  stations. They  have  risen 

with  brightness  upon  the  world,  in  due  course,  to 
shed  blessings  over  mankind  ;  and  all  history  can- 
not furnish  an  instance  of  a  family >  whose  virtues 
have  had  a  more  auspicious  influence  on  the  happi- 
ness of  men,  particularly  of  their  subjects.  Their 
government  does  not  afford  only  gleams  of  joy,  but 
rheers  with  a  flowing  uniformity,  except  when 
some  evil  spirit  interrupts  our  felicity — But  these 
interruptions  have  never  lasted  :  can  never  last, 
while  princes  of  the  line  of  Brunswick  preside  over 
us.  Their  amiable  qualities  are  hereditary  ;  these 
render,  if  I  may  be  allowed  the  expression,  our 
happiness  hereditary;  and  I  might  therefore  be 
justly  deemed  very  deficient  in  sense  or  integrity, 
if  it  was  not  among  my  most  ardent  prayers,  that 
the  sceptre  of  his  dominions  may  be  held  by  ouy 


present  monarch  and  his  family,  till  time  shall  be  no 
more. 

As  to  Great-Britain,  I  glory  in  my  relation  to 
her.  Every  drop  of  blood  In  rny  heart  is  British  ; 
and  that  heart  is  animated  with  as  warm  wishes  for 
her  prosperity,  as  her  truest  sons  can  form.  As 
long  as  this  globe  continues  moving,  may  she 
reign  over  its  navigable  part;  and  may  she  resem- 
ble the  ocean  she  commands,  which  recruits  with- 
out wasting,  and  receives  without  exhausting,  its 
kindred  .streams  in  every  climate.  Are  these  the 
sentiments  of  disloyalty  or  disaffection  ?  Do  these 
sentiments  point  at  independency  ?  Can  you  be- 
lieve it  ?  Will  you  assert  it  ?  I  detest  the  thought 
with  inexpressible  abhorrence,  for  these  reasons  ; 
first,  because  it  would  be  undutiful  to  our  sove- 
reign ;  secondly,  because  it  would  be  unjust  to  our 
mother  country  ;  and  thirdly,  because  it  would  be 
destructive  both  to  her  and  to  us, 

THE  British  nation  is  wise  and  generous.  They 
can  distinguish  between  a  disgust  to  government, 
and  to  the  administration  of  it ;  a  distinction,  which 
bad  ministers  are  continually  striving  to  confound. 
They  set  up  their  passions  for  the  interests  of  their 
king  and  country  ;  and  then,  whoever  is  offended 
with  their  conduct,  is  convicted  by  a  very  plain  de- 
duction of  ministerial  logic,  of  being  an  enemy  to 


(        '=0        ) 

his  king  and  country.  No  farmer  dislikes  the 
sun  ;  but  if  it  collects  such  thick  clouds  as  too 
much  intercept  its  beams,  surely  the  poor  man  who 
sees  all  his  hopes  sickening  and  withering,  may 
very  innocently  dislike  the  gloom,  and  wish  the 
reviving  rays  may  be  felt  again.  The  British  na- 
tion aims  not  at  empire  over  vassals  :  And  must, 
I  am  convinced,  be  better  pleased  to  hear  their 
children  speaking  the  plain  language  of  freemen, 
than  muttering  the  timid  murmurs  of  slaves*  Can 
you  believe,  gentlemen,  that  they  will  be  better 
pleased  with  the  "  stile  and  substance  of  your  re- 
"  presentation,"  than  with  the  honest  transports  of 
North-American  breasts,  so  exactly  like  what  they 
feel,  when  they  think  themselves  injured  ?  If  there" 
is  any  people  whose  character  it  is,  to  submit  to 
wrongs,  basely  pretending  to  prefer  the  pleasure  of 
those  who  offer  them,  to  their  own  welfare  or  ho- 
nor, while  cowardly  hatred  and  malice  lurk  rank- 
ling and  "heart-burning"  in  their  bosoms,  watch- 
ing, wishing  opportunities  of  dire  revenge,  it  be- 
longs not  to  Britojis,  or  their  true  sons.  They  can 
neither  dissemble  injuries,  nor  unreasonably  resent 
them.  These  are  vices  of  little,  cruel  minds. 
Much  better,  much  safer  is  it  for  all  parties,  parti- 
cularly when  we  contend  with  noble  spirits,  man- 
fully to  speak  what  we  think,  and  thereby  put  it  in 

their  power such  will  always  have  it  in  their 

inclination to  give  us  ample  satisfaction.    They 


know  that  those  who  are  most  sensible  of  injuries, 
are  most  sensible  of  benefits.  There  can  be  no 
friendship  between  freemen  and  slaves  ;  ami  I  have 
the  strongest  hopes  that  our  mutual  affection  will 
henceforward  be  more  cemented  than  it  hitherto 

has  been on  their  part,  because  we  have  proved 

ourselves  worthy  of  their  esteem  ;  and  on  our 
part,  because  their  generosity  will  excuse  the  man- 
ner in  which  we  have  proved  it. 

SUPPOSE  all  this  continent  had  imitated  your 
example,  and  had  repeated  your  doleful,  doubtful 
notes,  from  one  end  of  it  to  the  other:  had  ac- 
knowledged upon  their  knees,  "  that  they  could 
"  not  positively  say  whether  they  were  intitled  to 
*'  the  exemption"  they  required,  was  there  the 
least  probability  of  their  obtaining  it  ?  I  do  not 
object  to  the  probability,  for  want  of  justice  or  of 
affection  towards  us  in  our  mother  country;  but  for 
want  of  proper  attention,  which  the  artifices  of  our 
enemies  in  support  of  their  own  darling  measures, 
would  always  have  prevented. 

EVERY  man  must  remember,  how  immediately 
after  the  tempest  of  the  late  war  was  laid,  another 
storm  began  to  gather  over  North- America.  Every 
wind  that  blew  across  the  Atlantic,  brought  with 
it  additional  darkness.  Every  act  of  the  adminis- 

VOL.   i.  Q 


(       122       ) 

tration  seemed  calculated  to  produce  distress,  and 

to  excite  terror.     We  were  alarmed -we  were 

afflicted.  Many  of  our  colonies  sent  home  petiti- 
ons ;  others  ordered  their  agents  to  make  proper 
applications  on  their  behalf.  What  was  the  effect? 
They  were  rejected  without  reading.  They  could 
not  be  presented,  u  without  breaking  through  a 
rule  of  the  bouse."  They  insisted  upon  a  right, 
that,  it  "  was  previously  determined  should  not  be 
admitted."  The  language  of  the  ministry  was  "  that 
they  would  teach  the  insolent  North-Americans, 
the  respect  clue  to  the  laws  of  their  mother  coun- 
try." They  moved  for  a  resolution  "  that  the 
parliament  could  legally  tax  us."  It  was  made. 
For  a  bill — It  was  framed.  For  its  dispatch — It 
was  past.  The  badges  of  our  shame  were  prepar- 
ed— too  gross — too  odious — even  in  the  opinion  of 
that  administration,  to  be  fastened  upon  us  by  any 
but  Americans.  Strange  delusion  !  to  imagine  that 
treachery  could  reconcile  us  to  slavery.  They  look- 
ed around  :  they  found  Americans O  Virtue  ! 

they  found  Americans,  to  whom  the  confidence  of 
their  country  had  committed  the  guardianship  of 
her  rights,  on  ivbo?n  her  bounty  had  bestowed  all 

the  wreck  of  her  fortunes  could  afford,  ready 

to  rivet  on  their  native  land,  the  nurse  of  their 
infancy,  the  protectrix  of  their  youth,  the  honour- 
er  of  their  manhood,  the  fatal  fetters  which  their 
information  had  helped  to  forge.  They  were  to  be 


gratify ed  with  part  of  the  plunder  in  oppressive  of- 
fices for  themselves  and  their  creatures.  By  thcse^ 
that  they  might  reap  the  rewards  of  their  corrupti- 
on, were  we  advised — by  these,  that  they  might 
return  masters  who  went  out  servants,  were  we 
desired — to  put  on  the  chains,  and  then  with  shack- 
led hands  to  drudge  in  the  dark,  as  well  as  we 
could,  forgetting  the  light  we  had  lost.  "  If  I 
44  forget  thee,  let  my  right  hand  forget  her  cun- 
44  ning — if  I  do  not  remember  thee,  may  my  tongue 
44  cleave  to  the  roof  of  my  month." 

WHEN    the    intelligence   of    these    astonishing 
things  reached  America, 

44  then  flam'd  her  spirit  high.'* 

WHAT  could  she  do?  send  home  petitions  again? 
The  first  had  been  treated  with  contempt.     What 

could  be  expected  from  a  second  trial  ? We 

knew,  that  the  humble  petition  of  meek,  pious, 
venerable  bishops,  supplicating  for  the  laws  and 
religion  of  their  country,  had  been  called  a  false 
and  seditious  libel  by  a  daring  administration,  who 
were  resolved  to  have  no  law  but  their  own  plea- 
sure.  We  knew,  that  the  liberty  of  our  fel- 
low-subjects had  been  lately  so  boldly  invaded, 
even  in  our  mother  country,  in  that  spot  where 
the  dignity  of  the  empire  may  be  said  more  peculi- 


arly  to  reside,  that  their  oppressors  were  hardly 
stopped  in  their  career,  by  the  united  voice  of  an 
injured  and  offended  people.  We  knew,  that  the 
men  who  designed  to  oppress  us,  held  up  to  those 
whose  assistance  they  were  obliged  to  use,  speci- 
ous pretences  of  immediate  advantage,  while  every 
remoter  mischief,  every  disagreeable  truth  was  art- 
fully concealed  from  them.  They  were  persuaded, 
that  they  were  to  promote  their  own  interests,  the 
public  interests,  by  adopting  the  new- in  vented  po-. 
licy  proposed  to  them.  In  short  we  knew,  in  what 
line  every  thought  and  act  relating  to  us,  ran.  All 
was  arbitrary,  rigid,  threatening,  dreadful.  What 

resource  had  we  ?  We  wondered  and  wept At 

last,  imploring  the  divine  protection,  and  appealing 
to  the  British  goodness,  we  were  driven  by  appre- 
hension and  affliction  into  a  conduct,  that  might 
justly  have  rendered  us  to  the  humane,  rather  ob- 
jects of  pity,  than  resentment ;  but  which  you,  gen- 
tlemen ,  are  pleased  to  call  a  "  rebellious  opposition 
to  author ity," 

How  much  farther  these  colonies  might  have 
gone;  how  much  farther  it  would  have  been  pro- 
per for  them  to  go,  I  will  not  pretend  to  say.  I 
confine  myself  entirely  to  your  state  of  the  case, 
and  to  their  behaviour  in  that  case.  My  soul  sick- 
ens at  the  scenes  that  obtrude  themselves  on  my 
imagination,  -while  I  reflect  on  what  might  have 


happened.  My  attention  turns  with  unspeakable 
pleasure  to  those  brighter  prospects  now  *  opening 
on  my  country,  and  the  approaching  times,  when 
thro'  the  mercy  of  ALMIGHTY  GOD,  to  whom  be 
ascribed  everlasting  glory,  the  inhabitants  of  these 
colonies,  animated  with  sentiments  of  the  most  per- 
fect gratitude,  confidence,  affection,  and  veneration, 
justly  heightened  by  the  engaging  clemency  of  our 
amiable  sovereign,  and  the  endearing  tenderness 
of  our  excellent  mother  country,  shall  be  diligently 
and  delightfully  employed  in  demonstrating,  that 
they  are  not  unworthy  of  the  blessings  bestowed 
upon  them.  Great-Britain  has  been  long  distin- 
guished  she  must  be  now  perpetually  celebra- 
ted, for  her  moderation.  This  is  her  peculiar  praise. 
Other  states  have  been  as  great  in  arms  ;  as  learned 
in  arts ;  but  none  ever  equalled  her  in  moderation 
a  virtue,  and  the  parent  of  virtues. 

I  AM  very  sorry  that  these  colonies  had  any  rea- 
son given  them  to  think  they  were  right  in  going 
so  far  as  they  lately  did  :  yet  tho'  many  things  have 
been  done,  that  I  sincerely  wish  had  not  been 
done,  I  should  be  glad  to  know  what  particular  part 
of  their  conduct  has  provoked  you  to  issue,  if  I 
may  use  one  of  your  expressions,  so  *'  severe  a 
ki  decree' '  against  them. 

*  The  news  of  the  STAMI-  ACT  being  repealed,  arrived  while  this  piece  was 
in  the  press. 


(       126        ) 

DID  the  resolutions  made  by  their  several  assem- 
blies in  vindication  of  their  rights,  deserve  such  a 
censure  ?  You  grant  they  were  founded  on  truth 
and  justice.  Can  it  be  criminal  to  maintain  these  ? 
Perhaps  you  think  they  were  guilty,  in  forming 
and  persisting  in  their  universal  determination  not 
to  use  stamped  papers,  as  they  were  commanded  to 
do.  No  man  can  be  blamed  for  doing  any  thing, 
which  if  he  had  not  done,  he  must  have  committed 
a  worse  action.  Remember  the  opinion  you  have 
expressed  of  the  liberties  for  which  these  colonies 
were  struggling.  Had  they  accepted  the  stamped 
papers,  they  would  not  only  have  betrayed  them- 
selves, and  you,  whose  prosperity  they  wish  from 
a  generosity  of  temper,  of  which  they  hope  you  will 
hereafter  give  them  more  agreeable  proofs  than  you 
have  yet  done,  but  they  would  also  have  basely  be- 
trayed ages  yet  unborn,  to  a  condition  that  would 
have  rendered  their  birth  a  curse.  You  think  "  a 
"  memorial  or  memorials"  would  have  relieved 
them,  if  they  had  "  humbly  submitted;"  that  is, 
that  injuries  that  could  not  be  prevented  by  a  re- 
gard to  justice,  liberty  and  the  happiness  of  milli- 
ons, might  be  redressed  by  well-penned  petitions. 
No  !  The  right  would  have  been  surrendered  by 
our  act a  precedent  would  have  been  establish- 
ed by  our  acquiescence,  for  perpetual  servility. 
Where  would  the  demands  of  ministers,  where 
would  the  miseries  of  America  have  stopped  ? 


I  BELIEVE  your  island  and  its  neighbours  have 
been  more  fortunate  in  "  memorialising"  than  this 

continent. Had  we  any  reason  to  expect  relief 

from  the  conduct  proposed  ?  Has  any  thing  hap- 
pened since,  to  shew  that  we  should  have  succeed- 
ed by  it?  Let  any  person  consider  the  speeches 
lately  made  in  parliament,  and  the  resolutions  said 
to  be  made  there,  notwithstanding  the  convulsions 
occasioned  through  the  British  empire,  by  the 
opposition  of  these  colonies  to  the  stamp  act,  and 
he  may  easily  judge  what  would  have  been  their 
situation,  in  case  they  had  bent  down  and  humbly 
taken  up  the  burden  prepared  for  them.  What 
would  have  been  their  fate,  since  they  have  oppo- 
sed, if  one  man  the  victor  of  his  country's  foreign 
and  domestic  foes,  had  not  by  his  wisdom  and 
virtue,  checked  the  rage  that  deception  might  art- 
fully have  kindled  in  the  most  honest  and  humane 
people  upon  earth,  heaven  alone  can  tell. 

WHEN  the  exclusion  bill  was  depending  in  the 
house   of  commons,   col.    Titus  made  this    short 

speech "  Mr.  speaker,  I  hear  a  lion  roaring  in 

"  the  lobby.  Shall  we  secure  the  door,  and  keep 
"  him  there :  or  shall  we  let  him  in,  to  try  if  we 
"  can  turn  him  out  again." 

CAN  it  be  possible,  gentlemen,  that  our  stopping 
on  this  continent  the  importation  of  goods  fronx 


(      128     ) 

Great-Britain,  has  brought  your  resentment  upon 
us  ?  If  it  has,  it  is  the  first  time  that  industry  and 
frugality  have  met  with  such  hard  judges. 

THE  only  thing  I  can  think  of  besides,  which 
might  induce  you  to  treat  my  countrymen  as  you 
have  done,  is  the  behaviour  of  the  mobs  composed 
of  the  lower  ranks  of  people  in  some  few  of  the 
colonies,  to  those  who  were  favourers  of  the  stamp 
act But  surely  that  could  not  produce  so  gene- 
ral an  accusation  of  "  your  fellow- subjects  on  the 
ic  northern  continent."  It  was  indeed  a  very  im- 
proper way  of  acting ;  but  may  not  these  agonies 
of  minds  not  quite  so  polished  as  your  owji,  be  in 
some  measure  excused  ?  if  as  the  absolute  monarch 
of  Judca,  said  "  oppression  maketh  a  wise  man 
"  mad ;"  and  if  as  the  loyal  committee  of  corres- 
pondence in  Barbadoes  says,  u  the  subversion  of 
justice"  and  "the  most  valuable  of  all  civil  rights 
41  and  liberties"  is  "  oppression  beyond  measure 
"  grievous."  It  is  needless  to  dwell  longer  on  this 
head  ;  but  if  you  choose  to  inquire  into  the  circum- 
stances of  every  mob  that  has  happened  here,  tak- 
ing for  granted  that  the  stamp-act  is  constituti- 
onal, I  believe  even  you,  on  cool  consideration, 
would  not  term  any  of  them  a  rebellion. 

UPON  the  whole,  I  acknowledge,  that  a  regard 
to  themselves*  has  influenced  the  inhabitants  of 


(         120        ) 

these  colonies  ;   but  it  was  not  a  regard  void  of  the 
truest  loyalty  to  their  king,  the  warmest  affection,  the 
profoundest  veneration,  for  their  parent  country.    If 
my  father,  deceived  and  urged  on  by  bad  or  weak 
men,  should  offer  me  a  draught  of  poison,  and  tell 
t  would  be  of  service  to  me,  should  I  be  unduti- 
ful, if,  knowing  what  it  is,  I  refuse  to  drink  it  ?  or  if 
inflamed  by  passion,  he  should  aim  a  dagger  at  my 
heart,  should  I  be  undutiful,  if  I  refuse  'to  bare  mv 
breast  for  the  blow  ?  Or  should  I  act  like  a  man  in 
us  senses,  if  I  swallow  the  dose  or  receive  the 
stroke,  in  expectation  that  those  who  prompted  or 
provoked  my  father  to  the  action,  would  afterwards 

give  me  a  certain  antidote  or  balsam especially 

if  they  would  probably   get  a   large  part  of  my 
estate  ?  I  will  beg  leave  to  trouble  you,  gentlemen, 
with  one  more   comparison.     If  a  fortune  of  im 
mease  value  comes  into  my  possession  by  being 
led  on  me,  as  the  lawful  son  of  my  father,  which 
t.H  then  had  been  held  solely  by  him,  and  my  ene. 
mies   should  persuade  my  excellent  parent  to  at 
tempt  to  bastardize  me,  and  take  the  whole  into 
his  hands  again,  I  not  having  the  least  prospect  of 
"happiness  without  it,  and  he  not  having  the  least 

ccasion  for  it should  I  be  undutiful,  if  after 

•ndeavouring  by  intreaties  to  prevent  his  proceed 
ngs,  I  carefully  record  all  the  proofs  of  my  being 
Animate,  stop  the  circulation  of  all  false  voucher* 
VOL.  i.  R 


(      -3°      ) 

to  the  contrary,  decline  the  correspondence  of  those 
who  join  with  him,  and  even  break  the  head  of 
man,  who  slanders  my  honour  and  my  title,  by 
spreading  an  opinion  that  I  am  basely  born  .'  With 
how  much  less  reason  will  the  charge  of  undut 
ness  be  made  against  me,  if  I  have  regularly  ad- 
vanced  for  my  father  all  such  sums  as  he  has  fro 
time  to  time  required,  and  have  assured  him  by  my 
professions  and  behaviour,  that  he  shall  have  all  the 
profits  of  the  estate,   allowing  me  a  comfortabl 
maintenance,  if  he  will  suffer  it  to  continue  in  my 
possession— and  all  the  world  knows,  that  by  | 
condition  annexed  to  this  estate,  I  cannot  part  with 
it,  without  acknowledging  myself  to  be  a  bast 

To  conclude -gentlemen— I  know  none  of 

you  ;  not  even  one  of  your  names.    I  mean  no  per- 
sonal reflections  in  this  address.     I  detest   them. 
If  you  should  take  any  thing  I  have  said,  so  mucl 
in  that  way,  as  to  feel  uneasiness  from  it,  I  shall 
very  sorry.     Neither  do  I  intend  any  reflections  o 
your  country,  tho'  you  represented  her  when  you 
attacked  mine.  I  always  detested  these  loose  asper- 
sions, that  ever  give  most  pain  to  bosoms  that  hon- 
our and  delicacy  have  rendered  most  sensible ;  an< 
this  detestation  has  been  greatly  increased    sin 
within  these  few  years,  we  have  seen  such  loads  of 
obloquy  thrown  upon  a  *  nation,  whose  magn; 

*  The  Scot*. 


('Si      ) 

mity  in  bearing  them,  will  be  sufficient  I  hope,  to 
procure  them  the  esteem  of  those,  who  have  been 
so  much  blinded  by  passion,  as  to  deny  it  to  their 
other  numerous  virtues  and  accomplishments.  Your 
island  is  respectable.  Your  private  characters  may 
be  amiable ;  but  in  a  public  capacity,  you  have 
cast  a  most  high  and  unprovoked  censure  on  a  gal- 
lant, generous,  loyal  people.  You  have  propagated 
a  set  of  sentiments,  and  have  promoted  a  tenor  of 
conduct,  that  may  be  hurtful  to  the  cause  of  free- 
dom. I  have  engaged  with  too  unequal  arms  per- 
haps to  oppose  you  ;  but  to  fail  in  such  a  contest, 
will  afford  me  some  kind  of  pleasure.  I  wish  you 
every  blessing  that  men  can  enjoy  ;  and  as  a  foun- 
dation and  security  of  all  the  rest,  I  wish  you  a  true 
love  of  liberty. 

A  NORTH-AMERICAN. 


THE 


FARMER'S  LETTERS 


TO  THE 


INHABITANTS 


OF  THE 


BRITISH  COLONIES. 


PRINTED    AT    PHItyADELPHIA,    1767. 


THE  FARMER'S  LETTERS  in  this  collection,  are 
published  from  the  Virginia  edition  of  them  in 
3.769,  the  only  copy  the  editors  have  been  able  to 
procure.  The  preface  to  that  edition,  is  believed 
to  have  been  written  by  Richard  Henry  Lee,  after- 
wards president  of  congress. 

IN  May,  1768,  Dr.  Franklin  had  the  letters  re- 
printed in  London,  and  in  a  preface  strongly  recom- 
mended them  to  the  attention  of  the  public.  In 
that  preface  he  says,  "  As  I  consider  our  fellow 
"  subjects  of  America  as  reasonable  creatures,  I 
"  cannot  but  be  astonished,  that  since  there  ap- 
"  pears  to  be  an  extreme  diversity  of  sentiment, 
"  between  us  and  them,  concerning  the  power  of 
"  parliament  to  impose  taxes  in  America,  there 
"  has  not  been  any  address  made  to  their  reason  ; 
"  that  none  of  our  able  and  learned  writers  has  at- 
"  tempted  to  convince  them  that  they  are  in  the 
"  wrong,  by  clearly  proving,  either  by  the  common 
"  law  of  nations,  or  by  the  terms  of  their  funda- 
*'  mental  constitutions,  that  they  are  subject  to  be 
"  taxed  by  our  parliament,  though  they  have  no 
?'  representatives  in  it. 


(      136     } 

"Ox  the  contrary,  as  often  as  any  news  arrives 
"  of  the  discontents  in  America,  there  is  but  one 

"  cry u  we  must  send  an  army,  or  a  fleet,  and 

*'  reduce  them  to  reason" 

"  IT  is  said  of  a  choleric  people,  that  with  them 
"it  is  but  a  word  and  a  blow.  I  flatter  myself, 
"  that  Great-Britain  is  not  so  choleric,  and  that 
"  she  will  never  go  so  far  as  to  strike  her  colonies, 
"  or  if  she  should  ever  think  herself  obliged  to  go 
"  so  far,  at  least  that  the  word  will  precede  the 
"  blow,  and  that  she  will  speak  reason  to  them. 

"  To  do  this  clearly,  and  with  the  greatest  ap- 
"  pearance  of  success,  in  dissipating  their  prejudi- 
"  ces  and  rectifying  their  errors,  if  they  have  any, 
"  it  is  necessary  to  be  informed,  what  are  their 
"  prejudices  and  errors  ;  and  before  being  able  to 
"  refute  them,  or  to  admit  their  reason  or  their  ar- 
44  guments,  it  is  assuredly  needful  to  know  them. 

"  IT  is  with  this  view,  that  I  propose  to  re-print 
"  here  the  following  letters,  lately  published  in 

"  America and  I  hope  their  publication    will 

"  draw  forth  a  satisfactory  answer,  if  they  can  be 
"  answered.  In  that  case,  I  shall  have  accom- 
"  pi i shed  my  object,  &c." 


(       137       ) 

IN  1769,  they  were  translated  into  French,  and 
published  at  Paris. 

To  fhew  how  those  letters  were  received  on  this 
continent,  it  may  be  sufficient  to  insert  the  follow- 
ing address,  selected  out  of  many,  from  news- 
papers published  at  the  time. 


VOL.    I. 


BOSTON,  March  21,  1768. 

At  a  meeting  of  the  freeholders  and  other  inhabitants  of  this  town 
met  at  Faneuil-Hall,  on  Monday  the  1-j.th  inil.  for  the  choice 
of  town  officers  for  the  ensuing  year,  upon  a  motion  made,  and 
seconded,  it  was  voted  that  the  THANKS  of  the  town  be  given 
to  the  ingenious  AUTHOR  of  a  course  of  letters  publifhed  at  Phi- 
ladelphia, and  in  this  place,  figued  A  FARMER  ;  wherein  the 
rights  of  the  American  subjects  are  clearly  stated,  and  fully  vindi- 
cated; and  Dr.  Benjamin  Church,  *John  Hancock,  Esq.  -j-Mr. 
Samuel  Adams,  JDr.  Joseph  Warren,  and  John  Rowe,  Esq. 
were  appointed  a  committee  to  prepare  and  ptiblish  a  letter  of 
thanks  accordingly. 


March  24. 

At  an  adjournment  of  the  meeting  of  the  freeholders  and  other  inha- 
bitants of  this  town,  the  following  letter  was  reportedly  the  committee 
appointed  for  that  purpose p,  viz. 

To  the  Ingenious  AUTHOR  of  certain  patriotic  let- 
ters, subscribed  A  FARMER. 

MUCH  RESPECTED  SIR! 

W  HEN  the  rights  and  liberties  of  the  numer- 
ous and  loyal  inhabitants  of  this  extensive  conti- 
nent are  in  imminent  danger — when  the  inveterate 

*  John  Hancock,  afterwards  president  of  congress,  and  governor  of  Mas- 
sachufetts. 

f  Samuel  Adams,  afterwards  member  of  congress,  and  governor  of  Mas- 
sachusetts. 

\  Joseph  Warren,  afterwards  general  Warren,  who  fell  gloriously  fighting 
for  the  liberties  of  his  country,  in- the  ever  memorable  battle  of  Bunker  V 
Hill. 


(      139     ) 

enemies  of  these  colonies  are  not  more  assiduous 
to  forge  fetters  for  them,  than  diligent  to  delude 
the  people,  and  zealous  to  persuade  them  to  an  in- 
dolent  acquiescence.      At  this    alarming   period, 
when  to  reluct  is  deemed  a  revolt,    and  to  oppose 
such  measures  as  are   injudicious  and  destructive, 
is  construed  as  a  formal  attempt  to  subvert  order 
and  government ;  when  to  reason  is  to  rebel ;  and 
a  ready  submission  to  the  rod  of  power.,  is  solicit- 
ed by  the  tenders  of  place  and  patronage,  or  urged 
by  the  menace  of  danger  and  disgrace  :   It  is  to 
YOU,  worthy  SIR  !  that  America  is  obliged,  fora 
most  seasonable,  sensible,  loyal  and  vigorous  vin- 
dication of  her  invaded  rights  and  liberties  :   It  is  to 
YOU  the  distinguished  honour  is  due  ;  that  when 
many  of  the  friends  of  liberty  were  ready  to  fear  its 
utter  subversion  ;    armed  with  truth,  supported  by 
the  immutable  laws  of  nature,  the  common  inherit- 
ance of  man,  and  leaning  on  the  pillars  of  the  Bri- 
tish constitution  ;  you  seasonably  brought  your  aid, 
opposed  impending  ruin,  awakened  the  most  indo- 
lent and  inactive  to  a  sense  of  danger,  reanimated 
the  hopes  of  those,  who  had  before  exerted  them, 
selves,    in  the  cause    of  freedom,  and  instructed 
America  in  the  best  means  to  obtain  redress. 

NOR  is  this  western  world  alone  indebted  to  your 
'vyisdom,  fortitude  and  patriotism  ;  Great-Britain 
also  may  be  confirmed  by  you,  that  to  be  truly 


great  and  successful,  she  must  be  just :  that  to  op- 
press America,  is  to  violate  her  own  honours,  de^ 
feat  her  brightest  prospects,  and  contract  her 
spreading  empire. 

To  such  eminent  worth  and  virtue,  the  inhabit- 
ants of  the  town  of  Boston,  the  capital  of  the  pro- 
vince of  the  Massachusetts -Bay,  in  full  town  meet- 
ing assembled,  express  their  earliest  gratitude  :  ac- 
tuated themselves  by  the  same  generous  principles, 
which  appear  Avith  so  much  lustre  in  your  useful  la- 
bours, they  will  not  fail  warmly  to  recommend,  and 
industriously  to  promote  that  union  among  the  se- 
veral colonies,  which  is  so  indispensably  necessary 
for  the  security  of  the  whole. 

THOUGH  such  superior  merit  must  assuredly,  in 
the  closest  recess,  enjoy  the  divine  satisfaction  of 
having  served,  and  possibly  saved  this  people  ; 
though  veiled  from  our  view,  you  modestly  shun 
the  deserved  applause  of  millions  ;  permit  us  to  in- 
trude upon  your  retirement,  and  salute  the  FAR- 
MER, as  \hz  friend  of  Americans,  and  the  com- 
mon benefactor  of  mankind. 

The  above  letter  was  read,  and  unanimously  ac- 
cepted by  the  town,  and  ordered  to  be  published 
in  the  several  news -papers. 

Attest.     WILLIAM  COOPER,  Town-Clerk. 


FROM  THE  BOSTON  GAZETTE. 
TO  THE  PRINTERS. 

GENTLEMEN, 
Ton  are  desired  to  publish  tJx  inclosed.     Tours y  A  FARMER. 

GENTLEMEN, 

IT  is  impossible  for  me  to  express  the  reveren- 
tial gratitude,  with  which  I  receive  the  very  great 
honour,  you  have  been  pleased  to  confer  upon  me 
by  your  late  letter. 

THE  rank  of  the  town  of  Boston ^  the  wisdom  of 
her  counsels,  and  the  spirit  of  her  conduct,  render, 
in  my  opinion,  the  approbation  of  her  inhabitants, 
inestimable  ;  and  therefore  I  shall  ever  place  this 
testimony  of  it,  among  the  chief  blessings  of  my 
life. 

LOVE  of  my  country  engaged  me  in  that  attempt, 
to  vindicate  her  rights,  and  assert  her  interests, 
which  your  generosity  has  thought  proper  so  high- 
ly to  applaud  ;  and  if  my  humble  labours  prove  use- 
ful to  the  good  people  of  these  colonies — A  glory  ! 
beyond  which  my  ambition  never  wished  to  rise — 
I  am  persuaded  that  this  happy  effect  must  flow 
from  the  influence  and  lustre  bestowed  upon  them 
by  your  favourable  notice. 

NEVER,  till  my  heart  becomes  insensible  of  all 
worldly  things,  will  it  become  insensible  of  the 
unspeakable  obligations,  which  as  an  American  I 
owe  to  the  inhabitants  of  the  province  of  Mass  a- 


(      '42      ) 

chusetts-Bay,  for  the  vigilance  with  which  they 
have  watched  over,  and  the  magnanimity  with 
which  they  have  maintained  the  liberties  of  the 
British  colonies  on  this  continent. 

MAY  the  same  sacred  zeal  for  the  common  wel- 
fare, the  same  principles  of  loyalty  to  our  excellent 
sovereign,  of  affection  to  his  illustrious  house,  and 
of  duty  to  our  beloved  parent  kingdom,  which  have 
uniformly  actuated  and  guided  your  colony,  ani- 
mate and  direct  every  other,  so  that  at  length  that 
union  of  sentiments  and  measures  may  be  firmly 
formed,  which  as  you,  gentlemen,  most  justly  ob- 
serve, "  is  so  indispensably  necessary  for  the  seen- 
44  rity  of  the  whole. " 

AMONGST  my  warmest  wishes  these  will  ever  be 

that  the   province  of  Massachusetts-Bay  may 

rejoice  in  a  perpetual  prosperity  ;  that  the  town  of 
Boston  may  always  flourish  with  a  dignity  becoming 
the  capital  of  so  very  respectable  a  state  ;  that  the 
purity  of  her  intentions,  the  prudence  of  her  designs, 
and  the  vigour  of  her  actions,  may  constantly  con- 
found the  machinations  of  her  enemies ;   and  that 
the  virtues  of  her  present  inhabitants  may  be  trans- 
mitted down  from  age  to  age,  that  so  the  latest 
posterity  in  these  colonies,   may  never  want  faith- 
ful guardians  of  American  freedom. 

A  FARMER. 

Pennsylvania,  April  II,  1768. 


LETTERS 


FROM  A 


FARMER. 


LETTER    I. 

MY  DEAR  COUNTRYMEN, 

I  AM  a  farmer,  settled,  after  a  variety  of  for- 
tunes, near  the  banks  of  the  river  Delaware,  in  the 
province  of  Pennsylvania.  I  received  a  liberal 
education,  and  have  been  engaged  in  the  busy 
scenes  of  life  ;  but  am  now  convinced,  that  a  man 
may  be  as  happy  without  bustle,  as  with  it.  My 
farm  is  small ;  my  servants  are  few,  and  good  ;  I 
have  a  little  money  at  interest ;  I  wish  for  no  more; 
my  employment  in  my  own  affairs  is  easy  ;  and 
with  a  contented  grateful  mind,  undisturbed  by 
•worldly  hopes  or  fears,  relating  to  myself,  I  am 
completing  the  number  of  days  allotted  to  me  by 
Divine  goodness. 


(       144      ) 

BEING  generally  master  of  my  time,  I  spend  a 
good  deal  of  it  in  a  library,  which  I  think  the  most 
valuable  part  of  my  small  estate ;  and  being  ac- 
quainted with  two  or  three  gentlemen  of  abilities 
and  learning,  who  honour  me  with  their  friendship, 
I  have  acquired,  I  believe,  a  greater  knowledge  in 
history,  and  the  laws  and  constitution  of  my  coun- 
try, than  is  generally  attained  by  men  of  my  class, 
many  of  them  not  being  so  fortunate  as  I  have  been 
in  the  opportunities  of  getting  information. 

FROM  my  infancy  I  was  taught  by  my  honoured 
parents  to  love  humanity  and  liberty.  Inquiry  and 
experience  have  since  confirmed  my  reverence  for 
the  lessons  then  given  me,  by  convincing  me  more 
fully  of  their  truth  and  excellence.  Benevolence 
towards  mankind,  excites  wishes  for  their  welfare, 
and  such  wishes  endear  the  means  of  fulfilling  them. 
These  can  be  found  in  liberty  OL!J,  and  therefore 
her  sacred  cause  ought  to  be  espoused  by  every 
man,  on  every  occasion,  to  the  utmost  of  his  power. 
As  a  charitable,  but  poor  person  does  not  withhold 
his  mite,  because  he  cannot  relieve  all  the  distresses 
of  the  miserable,  so  should  not  any  honest  man  sup- 
press his  sentiments  concerning  freedom,  however 
small  their  influence  is  likely  to  be.  Perhaps  he 
14  may  touch  some  wbeel,"^  that  will  have  an  effect 
greater  than  he  could  reasonably  expect  . 

f  Popc? 


(      14-5     ) 

THESE  being  my  sentiments,  I  am  encouraged 
to  offer  to  you,  my  countrymen,  my  thoughts  on. 
some  late  transactions,  that  appear  to  me  to  be  of  the 
utmost  importance  to  you.  Conscious  of  my  own 
defects,  I  have  waited  some  time,  in  expectation  of 
seeing  the  subject  treated  by  persons  much  better 
qualified  for  the  task  ;  but  being  therein  disap- 
pointed, and  apprehensive  that  longer  delays  will  be 
injurious,  I  venture  at  length  to  request  the  atten^ 
tion  of  the  public,  praying,  that  these  lines  may  be 
read  with  the  same  zeal  for  the  happiness  of  British 
America,  with  wliich  they  were  written. 

WITH  a  good  deal  of  surprize  I  have  observed, 
that  little  notice  has  been  taken  of  an  act  of  parlia- 
ment, as  injurious  in  its  principle  to  the  liberties  of 
these  colonies,  as  the  stamp  act  was  :  I  mean  the 
act  for  suspending  the  legislation  of  Ne\v-Tork. 

THE  assembly  of  that  government  complied' with 
a  former  act  of  parliament,  requiring  certain  provi- 
sions to  be  made  for  the  troops  in  America,  in  every 
particular,  I  think,  except  the  articles  of  salt,  pep- 
per, and  vinegar.  In  my  opinion  they  acted  impru- 
dently, considering  all  circumstances,  in  not  com- 
plying so  far  as  would  have  given  satisfaction,  as 
several  colonies  did  :  But  my  dislike  of  their  con- 

VOL,   i.  T 


(      146       ) 

duct  in  that  instance,  has  not  blinded  me  so  much, 
that  I  cannot  plainly  perceive,  that  they  have  been 
punished  in  a  manner  pernicious  to  American  free- 
dom, and  justly  alarming  to  all  the  colonies. 

IF  the  British  parliament  has  a  legal  authority  to 
issue  an  order,  th,at  we  shall  furnish  a  single  article 
for  the  troops  here,  and  to  compel  obedience  to  that 
order,  they  have  the  same  right  to  issue  an  order 
for  us  to  supply  those  troops  with  arms,  clothes, 
and  every  necessary ;  and  to  compel  obedience  to 
that  order  also  ;  in  short,  to  lay  any  burthens  they 
please  upon  us.  What  is  this  but  taxing  us  at  a 
certain  sum,  and  leaving  to  us  only  the  manner  of 
raising  it  ?  How  is  this  mode  more  tolerable  than 

the  stamp  act  ? Would  that  act  have  appeared 

more  pleasing  to  Americans,  if  being  ordered  there- 
by to  raise  the  sum  total  of  the  taxes,  the  mighty 
privilege  had  been  left  to  them,  of  saying  how 
much  should  be  paid  for  an  instrument  of  writing  on 
paper,  and  how  much  for  another  on  parchment  ? 

AN  act  of  parliament,  commanding  us  to  do  a  cer- 
tain thing,  if  it  has  any  validity,  is  a  tax  upon  us 
for  the  expence  that  accrues  in  complying  with  it ; 
and  for  this  reason,  I  believe,  every  colony  on  the 
continent,  that  chose  to  give  a  mark  of  their  re- 
spect for  Great  Britain,  in  complying  with  the  act 
relating  to  the  troops,  cautiously  avoided  the  men- 


(      H7      ) 

tion  of  that  act,  lest  their  conduct  should  be  attri- 
buted to  its  supposed  obligation. 

THE  matter  being  thus  stated,  the  assembly  of 
New-Tork  either  had,  or  had  not,  a  right  to  refuse 
submission  to  that  act.  If  they  had,  and  I  imagine 
no  American  will  say  they  had  not,  then  the  parlia- 
ment had  no  right  to  compel  them  to  execute  it. 
If  they  had  not  this  right,  they  had  no  right  to 
punish  them  for  not  executing  it ;  and  therefore  no 
right  to  suspend  their  legislation,  which  is  a  pu- 
nishment. In  fact,  if  the  people  of  Neiv-Tork,  can- 
not be  legally  taxed  but  by  their  own  representa- 
tives, they  cannot  be  legally  deprived  of  the  privi- 
lege of  legislation,  only  for  insisting  on  that  exclu- 
sive privilege  of  taxation.  If  they  may  be  legally 
deprived  in  such  a  case,  of  the  privilege  of  legis- 
lation, why  may  they  not,  with  equal  reason,  be 
deprived  of  every  other  privilege  ?  Or  why  may 
not  every  colony  be  treated  in  the  same  manner, 
wThen  any  of  them  shall  dare  to  deny  their  assent  to 
any  impositions,  that  shall  be  directed  ?  Or  what 
signifies  the  repeal  of  the  stamp  act,  if  these  colo- 
nies are  to  lose  their  other  privileges,  by  not  tamely 
surrendering  that  of  taxation  ? 

THERE  is  one  consideration  arising  from  this  sus- 
pension, which  is  not  generally  attended  to,  but 
shews  its  importance  very  clearly.  It  was  not  nc- 


(     H8     ) 

-cessary  that  this  suspension  should  be  caused  by 
an  act  of  parliament.  The  crown  might  have  re- 
strained the  governor  of  New -York,  even  from  call- 
ing the  assembly  together,  by  its  prerogative  in  the 
royal  governments.  This  step,  I  suppose,  would 
have  been  taken,  if  the  conduct  of  the  assembly 
of  New-York  had  been  regarded  as  an  act  of  diso- 
bedience to  the  crown  alone  ;  but  it  is  regarded  as 
an  act  of  f  "  disobedience  to  the  authority  of  the 
British  legislature."  This  gives  the  suspension 
a  consequence  vastly  more  aifecting.  It  is  a  par- 
liamentary assertion  of  the  supreme  authority  of 
the  British  legislature  over  these  colonies,  in  the 
point  of  taxation,  and  is  intended  to  COMPEL  New- 
York  into  a  submission  to  that  authority.  It  seems 
therefore  to  me  as  much  a  violation  of  the  liberties 
of  the  people  of  that  province,  and  consequently 
of  all  these  colonies,  as  if  the  parliament  had  sent 
a  number  of  regiments  to  be  quartered  upon  them 
till  they  should  comply.  For  it  is  evident,  that 
the  suspension  is  meant  as  a  compulsion  ;  and  the 
method  of  compelling  is  totally  indifferent.  It  is 
indeed  probable,  that  the  sight  of  red  coats,  and 
the  sound  of  drums,  would  have  been  most  alarm- 
ing ;  because  people  are  generally  more  influenced 
by  their  eyes  and  ears,  than  by  their  reason.  But 
whoever  seriously  considers  the  matter,  must  per- 

I  See  the  act  of  suspension. 


€eive,  that  a  dreadful  stroke  is  aimed  at  the  liberty 
of  these  colonies.  I  say  of  these  colonies  ;  for  the 
cause  of  one  is  the  cause  of  all.  If  the  parliament 
may  lawfully  deprive  New -Tor  k  of  any  of  her  rights, 
it  may  deprive  any,  or  all  the  other  colonies  of 
their  rights ;  and  nothing  can  possibly  so  much 
encourage  such  attempts,  as  a  mutual  inattention 
to  the  interests  of  each  other.  To  divide,  and  thus 
to  destroy,  is  the  first  political  maxim  in  attacking 
those,  who  are  powerful  by  their  union.  He  cer- 
tainly is  not  a  wise  man,  who  folds  his  arms,  and 
reposes  himself  at  home,  viewing,  with  unconcern, 
the  flames  that  have  invaded  his  neighbour's  house, 
without  using  any  endeavours  to  extinguish  them. 
When  Mr.  Hampderi's  ship-money  cause,  for  three 
shillings  and  four  pence,  was  tried,  all  the  people 
of  England,  with  anxious  expectation,  interested 
themselves  in  the  important  decision  ;  and  when  the 
slightest  point,  touching  the  freedom  of  one  colony 
is  agitated,  I  earnestly  wish,  that  all  the  rest  may, 
with  equal  ardour,  support  their  sister.  Very 
much  may  be  said  on  this  subject ;  but  I  hope, 
more  at  present  is  unnecessary. 

WITH  concern  I  have  observed,  that  two  assem- 
blies of  this  province  have  sat  and  adjourned,  with- 
out taking  any  notice  of  this  act.  It  may  perhaps 
be  asked,  what  would  have  been  proper  for  them 
to  do  ?  I  am  by  no  means  fond  of  inflammatory 


(      150     ) 

measures  ;  I  detest  them.  I  should  be  sorry  that 
any  thing  should  be  done,  which  might  justly  dis- 
please our  sovereign,  or  our  mother  country  :  but 
a  firm,  modest  exertion  of  a  free  spirit,  should 
never  be  wanting  on  public  occasions.  It  appears 
to  me,  that  it  would  have  been  sufficient  for  the 
assembly,  to  have  ordered  our  agents  to  represent 
to  the  king's  ministers,  their  sense  of  the  suspend- 
ing act,  and  to  pray  for  its  repeal.  Thus  we  should 
have  borne  our  testimony  against  it ;  and  might 
therefore  reasonably  expect  that,  on  a  like  occasion, 
we  might  receive  the  same  assistance  from  the  other 
colonies. 

Cone  or  di  a  res  paring  crescunt. 
Small  things  grow  great  by  concord 

A  FARMER. 

November  5.  1767. 


The  day  of  King  WILLIAM  the  Third's  landing. 


LETTER    II. 

MY  DEAR  COUNTRYMEN, 

1  HERE  is  another  late  act  of  parliament, 
which  appears  to  me  to  be  unconstitutional,  and  as 
destructive  to  the  liberty  of  these  colonies,  as  that 
mentioned  in  my  last  letter ;  that  is,  the  act  for 
granting  the  duties  on  paper,  glass,  &c. 

THE  parliament  unquestionably  possesses  a  legal 
authority  to  regulate  the  trade  of  Great-Britain, 
and  all  her  colonies.  Such  an  authority  is  essential 
to  the  relation  between  a  mother  country  and  her 
colonies  ;  and  necessary  for  the  common  good  of 
all.  He,  who  considers  these  provinces  as  states 
distinct  from  the  British  empire,  has  very  slender 
notions  of  justice,  or  of  their  interests.  We  are 
but  parts  of  a  'whole ;  and  therefore  there  must 
exist  a  power  somewhere  to  preside,  and  preserve 
the  connection  in  due  order.  This  power  is  lodg- 
ed in  the  parliament ;  and  we  are  as  much  depen- 
dent on  Great-Britain,  as  a  perfectly  free  people 
can  be  on  another. 

I  HAVE  looked  over  every  statute  relating  to 
these  colonies,  from  their  first  settlement  to  this 
time  ;  and  I  find  every  one  of  them  founded  on  this 


principle,  till  the  stamp-act  administration.*  Alt 
before,  are  calculated  to  regulate  trade,  and  pre- 
serve or  promote  a  mutually  beneficial  intercourse 
between  the  several  constituent  parts  of  the  empire  ; 
and  though  many  of  them  imposed  duties  on  trade, 
yet  those  duties  were  always  imposed  with  design 
to  restrain  the  commerce  of  one  part,  that  was  in- 
jurious to  another,  and  thus  to  promote  the  general 
\velfare.  The  raising  a  revenue  thereby  was  never 
intended.  Thus  the  king,  by  his  judges  in  his 
courts  of  justice,  imposes  fines,  which  all  together 


*  For  the  satisfaction  of  the  reader,  recitals  from  the  former  acts  of  parlia- 
ment relating  to  these  colonies  are  added.  By  comparing  these  with  the  mo- 
dern acts,  he  will  perceive  their  great  difference  in  expression  and  intention. 

The  1 2th  Charles,  chap.  1 8,  which  forms  the  foundation  of  the  laws  relat- 
ing to  our  trade,  by  enacting  that  certain  productions  of  the  colonies  should  be 
carried  to  Englind  only,  and  that  no  goods  shall  be  imported  from  the  planta- 
tions but  in  ships  belonging  to  England,  Ireland,  Wales y  Berwick,  or  the  plants.' 
tuns,  "&c.  begins  thus  :  "  For  tie  increase  of  shipping,  and  encouragement  of  the  ra- 
*'  -vigation  of  this  nation,  wherein,  under  the  good  providence  and  protection  of 
"  GOD,  the  wealth,  safety  and  strength  of  this  kingdom  is  so  much  concern- 
«  ed,"  Ufo. 

The  I5th  Charles  II.  chap.  7.  enforcing  the  same  regulation,  assigns  these 
reasons  for  it.  "  In  regard  his  majesty's  plantations,  beyond  the  seas,  are  inha- 
"  bited  and  peopled  by  his  subjects  of  this  his  kingdom  of  England ;  for  ths 
*'  ma'uiiaining  a  greater  correspondence  and  kindness  bettveen  them,  and  keeping  them 
"  in  a  firmxer  dependence  upon  it,  and  rendering  them  yet  more  beneficial  and 
"  advantageous  unto  it,  in  the  further  employment  and  increase  of  English  shipping 
"  and  seamen,  vent  of  English  woollen,  and  other  manufactures  and  commodi- 
"  ties,  rendering  the  navigation  to  and  from  the  same  More  safe  and  cheap,  and  making 
"  this  kingdom  a  staple,  not  only  of  the  commodities  of  those  plantations,  but 


(      153     ) 

amount  to  a  very  considerable  sum,  and  contribute 
to  the  support  of  government  :  but  this  is  merely 
a  consequence  arising  from  restrictions,  that  only 
meant  to  keep  peace,  and  prevent  confusion  ;  and 
surely  a  man  would  argue  very  loosely,  who  should 


u  also  of  the  commodities  of  other  countries  and  places  for  tie  supplying  of  them ; 
**  and  it  being  the  usage  of  other  nations  to  keep  their  plantation  trade  to 
"  themselves,"  15*  c. 

The  2Jth  Charles  II.  chap.  7,  made  expressly  "  for  the  better  securing  the  plan" 
"  tation  trade"  which  imposes  duties  on  certain  commodities  exported  from  one 
colony  to  another,  mentions  this  cause  for  imposing  them :  "  Whereas  by  one 
act,  passed  in  the  lath  year  of  your  majesty's  reign,  intituled,  An  act  for  en- 
fouragement  of  shipping  and  navigation,  and  by  several  other  laws,  passed  since 
that  time,  it  is  permitted  to  ship,  &c .  sugars,  tobacco,  &c,  of  the  growth,  tsV. 
of  any  of  your  majesty's  plantations  in  America,  bV.  from  the  places  of  their 
growth,  &c.  to  any  other  of  your  majesty's  plantations  in  those  parts,  IsV. 
an-d  that  -without  paying  custom  for  the  same,  either  at  the  lading  or  unlading  the 
•aid  commodities,  by  means  whereof  the  trade  and  navigation  in  those  commo- 
dities, from  one  plantation  to  another,  is  greatly  increased,  and  the  inhabitants 
of  divers  of  those  colonies,  not  contenting  themselves  viitb  being  supplied  -with  those 
commodities  for  their  own  use,  free  from  all  customs  (while  the  subjects  of  this  your 
kingdom  of  England  have  paid  great  customs  and  impositions  for  what  of 
them  have  been  spent  here)  but  contrary  to  the  express  letter  of  the  aforesaid  laivs, 
lave  brought  into  divers  parts  of  Europe  great  quantities  thereof,  and  do  also 
vend  great  quantities  thereof  to  the  shipping  of  other  nalions,  who  bring  them 
into  divers  parts  of  Europe,  to  the  great  hurt  and  diminution  of  your  majesty's 
customs,  and  of  the  trade  and  navigation  of  this  your  kingdom  ',for  the  prevention 
thereof,  &c. 

The  7th  and  8th  William  III.  Chap.  11,  intituled, "  An  act  for  preventing 
frauds,  and  regulating  abuses  in  the  plantation  trade,"  recites  that,  "  notwith- 
standing divers  acts,  toV.  great  abuses  are  daily  committed,  to  the  prejudice  of 
the  English  navigation,  and  tit  Itss  of  a  great  fart  of  the  plantation  trade  to  thi* 

VOL.     I.  U 


(      '54.      ) 

conclude  from  hence,  that  the  king  has  a  right  to 
levy  money  in  general  upon  his  subjects.  Never 
did  the  British  parliament,  till  the  period  above 
mentioned,  think  of  imposing  duties  in  America, 
for  the  purpose  of  raising  a  revenue.  Mr.  Grenmlle 


kingdom,  by  the  artifice  and  cunning  of  ill  disposed  persons  \  far  remedy  •whereof, 
&c.  And  whereas  in  some  of  his  majesty's  American  plantations,  a  doubt  or 
misconstruction  has  arisen  upon  the  before  mentioned  act,  made  in  the  2jth 
year  of  the  reign  of  King  Charles  II.  whereby  certain  duties  are  laid  upon 
the  commodities  therein  enumerated  (which  bylaw  may  be  transported  from 
cne  plantation  to  another,  for  the  supply  of  each  others  wants'*  as  if  the  same 
were,  by  the  payment  of  those  duties  in  one  plantation,  discharged  from  giv- 
ing the  securities  intended  by  the  aforesaid  act?,  made  in  the  I2th,  azd  and 
23d  years  of  the  reign  of  king  Cbarks  II.  and  consequently  be  at  liberty  to 
go  to  any  foreign  market  in  Europe"  \5"c. 

The  6th  Anne,  chap.  37,  reciting  the  advancement  of  trade,  and  encou- 
ragement of  ships  of  war,  bV.  grants  to  the  captors  the  property  of  all  prizes 
carried  into  America,  subject  to  such  customs  and  duties,  as  if  the  same  had 
been  first  imported  into  any  part  of  Great-  Britain,  and  from  thence  exported, 


This  was  2.  gift  to  persons  acting  under  cemm'usions  from  the  croivn,  and  therefore 
it  was  reasonable  that  the  terms  prescribed  in  that  gift,  should  be  complied 
with  --  more  especially  as  the  payment  of  such  duties  was  intended  to  give 
a  preference  to  the  productions  of  British  colonies,  over  those  of  other  colo- 
nies. However,  being  found  inconvenient  to  the  colonies,  about  four  years 
afterwards,  this  act  was,ybr  that  reason,  so  far  repealed,  that  by  another  act  "  all 
prize  goods,  imported  into  any  part  of  Great-Britain,  from  any  of  the  planta- 
tions, were  made  liable  to  such  duties  only  in  Great-  Britain,  as  in  case  they  had 
been  of  the  growth  and  produce  of  the  plantations." 

The  6th  George  II.  chap.  13,  which  imposes  duties  on  foreign  rum,  sugar 
and  molasses,  imported  into  the  colonies,  shews  the  reasons  thus  -  "  Where- 
as the  welfare  and  prosperity  of  your  majesty's  sugar  colonies  in  America,  arc 
of  the  greatest  consequence  and  importance  to  the  trade,  navigation  and  strength 


(      '55     ) 

first  introduced  this  language,  in  the  preamble  to 
the  4th  of  George  III.  chap.  15,  which  has  these 
words,  "  And  whereas  it  is  just  and  necessary,  that 
a  revenue  be  raised  in  your  majesty'1  s  said  domini- 
ons in  America,  for  defraying  the  expences  of  de- 
fending, protecting,  and  securing  the  same :  we 
your  majesty's  most  dutiful  and  loyal  subjects,  the 
commons  of  Great-Britain,  in  parliament  assem- 
bled, being  desirous  to  make  some  provision  in  this 
present  session  of  parliament,  towards  raising  the- 
said  revenue  in  America,  have  resolved  to  ^n??  and: 
grant  unto  your  majesty  the  several  rates  and  du- 
ties herein  after  mentioned,"  &c*. 

A  FEW  months  after  came  the  stamp  act,  which 
reciting  this,  proceeds  in  the  same  strange  mode  of 
expression,  thus —  "And  whereas  it  is  just  and  ne- 
cessary, that  provision  be  made/br  raising  a  fur- 
tber  revenue  within  your  majesty  s  dominions  in 

of  this  kingdom  ;  and  whereas  the  planters  of  the  said  sugar  colonies,  have  of 
late  years/a//^  into  such  great  discouragements  that  they  are  unable  to  improve 
or  carry  on  the  sugar  trade,  upon  an  equal  footing  with  the  foreign  sugar  colo- 
nies, •without  some  advantage  and  relief  be  given  to  them  from  Great- Britain  ;  for 
rtmedy  ivbereof,  and  for  the  good  and  •welfare  of  yonr  majesty's  subjects"  &c. 

The  29th  George  II.  chap.  26,  and  the  1st  George  III.  chap*  9,  which  conti- 
nue the  6th  George  II.  chap.  13,  declare,  that  the  said  act  hath,  by  experience, 
been  found  useful  and  beneficial,  \s?c.  These  are  all  the  most  considerable 
atatutes  relating  to  the  commerce  of  the  colonies ;  and  it  is  thought  to  be  utter- 
ly unnecessary  to  add  any  observations  to  these  extracts,  to  prove  that  they 
were  all  intended  solely  as  regulations,  of  trade. 


America,  towards  defraying  the  said  expences,  we 
your  majesty's  most  dutiful  and  loyal  subjects,  the 
commons  of  Great-Britain,  &c.  give  and  grant," 
&V.  as  before. 

THE  last  act,  granting  duties  upon  paper,  &fc. 
carefully  pursues  these  modern  precedents.  The 
preamble  is,  "  Whereas  it  is  expedient  that  a  re- 
venue should  be  raised  in  your  majesty's  dominions' 
in  America,  for  making  a  more  certain  and  ade- 
quate provision  for  defraying  the  charge  of  the  ad- 
ministration of  justice,  and  the  support  of  civil 
government  in  such  provinces,  where  it  shall  be 
found  necessary  ;  and  towards  the  further  defray- 
ing the  expences  of  defending,  protecting  and  se- 
curing the  said  dominions,  we  your  majesty's  most 
dutiful  and  loyal  subjects,  the  commons  of  Great- 
Britain,  &c.  give  and  grant,  &>V."  as  before, 

HERE  we  may  observe  an  authority  expressly 
claimed  and  exerted  to  impose  duties  on  these  co- 
lonies ;  not  for  the  regulation  of  trade  ;  not  for  the 
preservation  or  promotion  of  a  mutually  beneficial 
intercourse  between  the  several  constituent  parts 
of  the  empire,  heretofore  the  sole  objects  of  parlia- 
mentary institutions  ;  but  for  the  single  purpose  oj 
levying  money  upon  us. 


(      1.57      ) 

THIS  I  call  an  innovation*  ;  and  a  most  danger- 
ous innovation.  It  may  perhaps  be  objected,  that 
Great-Britain  has  a  right  to  lay  what  duties  she 
pleases  upon  her  exportsf,  and  it  makes  no  differ- 
ence to  us,  whether  they  are  paid  here  or  there. 

To  this  I  answer.  These  colonies  require  many 
things  for  their  use,  which  the  laws  of  Great-Bri- 
tain prohibit  them  from  getting  any  where  but 
from  her.  Such  are  paper  and  glass. 

THAT  we  may  legally  be  bound  to  pay  any  gene- 
ral duties  on  these  commodities,  relative  to  the  re- 
gulation of  trade,  is  granted  ;  but  we  being  obliged 
by  her  laws  to  take  them  from  Great-Britain,  any 
special  duties  imposed  on  their  exportation  to  us 


*  "  It  is  worthy  of  observation,  how  quietly  subsidies,  granted  in  forms  usual 
and  atcustomable  (though  heavy)  are  borne  ;  such  a  power  hath  use  and  custom. 
On  the  other  side,  what  discontentments  and  disturbances  subsidies/ttzwz^  in  a 
neiv  mould  do  raise  (such  an  inbred  hatred  novelty  doth  hatch  J  is  evident  by  exam- 
ples of  former  times." 

Lord  Coles  ad  Institute,  p.  33, 

f  Some  people  think  that  Great-Britain  has  the  same  right  to  impose  dutici 
on  the  exports  to  these  colonies,  as  on  the  exports  to  Spain  and  Portugal,  b*c. 
Such  persons  attend  so  much  to  the  idea  of  exportation,  that  they  entirely 
drop  that  of  the  connection  betivecn  the  mother  country  and  her  colonies.  If  Great- 
Britain  had  always  claimed,  and  exercised  an  authority  to  compel  Spain  and 
Portugal  to  import  manufactures  from  her  only,  the  cases  would  be  parallel  : 
but  as  she  never  pretended  to  such  a  right,  they  are  at  liberty  to  get  them 
where  they  please  ;  and  if  they  choose  to  take  them  from  her,  rather  than  from 
other  nations,  they  voluntarily  consent  to  pay  the  duties  imposed  on  them. 


(      158     I 

only,  with  intention  to  raise  a  revenue  from  us  onlyy 
are  as  much  taxes  upon  us,  as  those  imposed  by 
the  stamp  act. 

WHAT  is  the  difference  in  substance  and  right, 
whether  the  same  sum  is  raised  upon  us  by  the 
rates  mentioned  in  the  stamp  act,  on  the  use  of  pa- 
per, or  by  these  duties,  on  the  importation  of  iU 
It  is  only  the  edition  of  a  former  book,  shifting  a 
sentence  from  the  end  to  the  beginning. 

SUPPOSE  the  duties  were  made  payable  in  Great- 
Britain  ? 

IT  signifies  nothing  to  us,  whether  they  are  to  be 
paid  here  or  there.  Had  the  stamp  act  directed, 
that  all  the  paper  should  be  landed  at  Florida,  and 
the  duties  paid  there,  before  it  was  brought  to  the 
British  colonies,  would  the  act  have  raised  less 
money  upon  us,  or  have  been  less  destructive  of 
our  rights  ?  By  no  means  :  for  as  we  were  under 
a  necessity  of  using  the  paper,  we  should  have  been 
under  the  necessity  of  paying  the  duties.  Thus, 
in  the  present  case,  a  like  necessity  will  subject  us, 
if  this  act  continues  in  force,  to  the  payment  of  the 
duties  now  imposed. 

WHY  was  the  stamp  act  then  so  pernicious  to 
freedom  ?  It  did  not  enact,  that  every  man  in  the 


(      '59     ) 

colonies  should  buy  a  certain  quantity  of  paper — • 
No  :  it  only  directed,  that  no  instrument  of  writing 
should  be  valid  in  law,  if  not  made  on  stamped  pa- 
per, &c. 

THE  makers  of  that  act  expected  that  the  confu- 
sions that  would  arise  from  the  disuse  of  writings, 
would  compel  ihe  colonies  to  use  the  stamped  paper, 
and  therefore  to  pay  the  taxes  imposed.  For  this 
reason  the  stamp  act  was  said  to  be  a  law  that 
'would  execute  itself.  For  the  very  same  reason, 
the  last  act  of  parliament,  if  it  is  granted  to  have 
any  force  here,  will  execute  itself,  and  will  be  at- 
tended with  the  very  same  consequences  to  Ameri- 
ca n  liberty. 

SOME  persons  perhaps  may  say,  that  this  act  lays 
us  under  no  necessity  to  pay  the  duties  imposed, 
because  we  may  ours  jives  manufacture  the  articles 
on  which  they  are  laid ;  whereas  by  the  stamp  act 
no  instrument  of  writing  could  be  good,  unless 
made  on  British  paper,  and  that  too  stamped. 

SUCH  an  objection  amounts  to  no  more  than  this, 
that  the  injury  resulting  to  these  colonies,  from  the 
total  disuse  of  British  paper  and  glass,  will  not  be 
so  afflicting  as  that  which  would  have  resulted  from 
the  total  disuse  of  writing  among  them  ;  for  by 
that  means,  even  the  stamp  act  might  have  been 


eluded.  Why  then  was  it  universally  detested  by 
them  as  slavery  itself?  Because  it  presented  to 
these  devoted  provinces  nothing  but  a  choice*  of 
calamities,  imbittered  by  indignities,  each  of  which 
it  was  unworthy  of  freemen  to  bear.  But  is  no  in- 
jury a  violation  of  right,  but  the  greatest  injury  ? 
If  the  eluding  the  payment  of  the  taxes  imposed  by 
the  stamp  act,  would  have  subjected  us  to  a  more 
dreadful  inconvenience,  than  the  eluding  the  pay- 
ment of  those  imposed  by  the  late  act  ;  does  it 
therefore  follow,  that  the  last  is  no  violation  of  our 
rights,  though  it  is  calculated  for  the  same  purpose 
the  other  was,  that  is,  to  raise  money  upon  us^  with- 
out our  consent  ? 

THIS  would  be  making  right  to  consist,  not  in 
an  exemption  from  injury ,  but  from  a  certain  de- 
gree of  injury. 

BUT  the  objectors  may  further  say,  that  we  shall 
suffer  no  injury  at  all  by  the  disuse  of  British  paper 
and  glass.  We  might  not,  if  we  could  make  as 
much  as  we  want.  But  can  any  man,  acquainted 
with  America,  believe  this  possible  ?  I  am  told 
there  are  but  two  or  three  glass-houses  on  this  con- 
tinent, and  but  very  few  paper-mills  ;  and  suppose 


*  Either  the  disuse  of  writing,  or  the  payment  of  taxtt  imposed  by  others 
ii'ltloitt  our  consent. 


more  should  be  erected,  a  long  course  of  years 
must  elapse,  before  they  can  be  brought  to  perfec- 
tion. This  continent  is  a  country  of  planters,  farm- 
ers, and  fishermen  ;  not  of  manufacturers.  The 
difficulty  of  establishing  particular  manufactures  in 
such  a  country,  is  almost  insuperable.  For  one 
manufacture  is  connected  with  others  in  such  a 
manner,  that  it  may  be  said  to  be  impossible  to 
establish  one  or  two,  without  establishing  several 
others.  The  experience  of  many  nations  may  con- 
vince us  of  this  truth. 

INEXPRESSIBLE  therefore  must  be  our  distresses 
in  evading  the  late  acts,  by  the  disuse  of  British 
paper  and  glass.  Nor  will  this  be  the  extent  of 
our  misfortune,  if  we  admit  the  legality  of  that  act. 

GREAT-BRITAIN  has  prohibited  the  manufac- 
turing iron  and  steel  in  these  colonies,  without  any 
objection  being  made  to  her  right  of  doing  it.  The 
like  right  she  must  have  to  prohibit  any  other  ma- 
nufacture among  us.  Thus  she  is  possessed  of  an 
undisputed  precedent  on  that  point.  This  au- 
thority, she  will  say,  is  founded  on  the  original 
intention  of  settling  these  colonies  ;  that  is,  that  she 
should  manufacture  for  them,  and  that  they  should 
supply  her  with  materials.  The  equity  of  this 
policy,  she  will  also  say,  has  been  universally  ac- 

VOL.  i.  W 


knowledged  by  the  colonies,  who  never  have  made 
the  least  objection  to  statutes  for  that  purpose  ;  and 
will  further  appear  by  the  mutual  benefits  flowing 
from  this  usage,  ever  since  the  settlement  of  these 
colonies. 

OUR  great  advocate,  Mr.  Pitt,  in  his  speeches 
on  the  debate  concerning  the  repeal  of  the  stamp- 
act,  acknowledged,  that  Great-Britain  could  re- 
strain our  manufactures.  His  words  are  these 

"  This  kingdom,  as  the  supreme  governing  and 
legislative  power,  has  always  bound  the  colonies 
by  her  regulations  and  restrictions  in  trade,  in  na- 
vigation, in  manufactures in  every  thing  except 

that  of  taking  their  money  out  of 'their  pockets, 
without  their  consent."  Again  he  says,  "  We  may 
bind  their  trade,  confine  their  manufactures,  and 
exercise  every  power  whatever,  except -that  of  tak- 
ing their  money  out  of  their  pockets,  without  their 


HERE  then,  my  dear  countrymen,  rouse  your- 
selves, and  behold  the  ruin  hanging  over  your 
heads.  If  you  ONCE  admit  that  Great-Britain 
may  lay  duties  upon  her  exportations  to  us,  for  the 
purpose  of  levying  money  on  us  only,  she  then  will 
have  nothing  to  do,  but  to  lay  those  duties  on  the 

articles  which  she  prohibits  us  to  manufacture 

and  the  tragedy  of  American  liberty  is  finished. 


We  have  been  prohibited  from  procuring  manu- 
factures, in  all  cases,  any  where  but  from  Great- 
Britain  (excepting  linens,  which  we  are  permitted 
to  import  directly  from  Ireland.}  We  have  been 
prohibited,  in  some  cases,  from  manufacturing  for 
ourselves ;  and  may  be  prohibited  in  others.  We 
are  therefore  exactly  in  the  situation  of  a  city  be- 
sieged, which  is  surrounded  by  the  works  of  the 
besiegers  in  every  part  but  one.  If  that  is  closed 
up,  no  step  can  be  taken,  but  to  surrender  at  dis- 
cretion. If  Great-Britain  can  order  us  to  come 
to  her  for  necessaries  we  want,  and  can  order  us  to 
pay  what  taxes  she  pleases  before  we  take  them 
away,  or  when  we  land  them  here,  we  are  as  abject 
slaves  as  those  in  wooden  shoes,  and  with  uncomb- 
ed hair, 

PERHAPS  the  nature  of  the  necessities  of  depen- 
dent states,  caused  by  the  policy  of  a  governing 
one,  for  her  own  benefit,  may  be  elucidated  by  a 
fact  mentioned  in  history.  When  the  Carthagini- 
ans were  possessed  of  the  island  of  Sardinia,  they 
made  a  decree,  that  the  Sardinians  should  not  raise 
corn,  nor  get  it  any  other  way  than  from  the  Cartha- 
ginians. Then,  by  imposing  any  duties  they  would 
upon  it,  they  drained  from  the  miserable  Sardinians 
any  sums  they  pleased  ;  and  whenever  that  oppress- 
ed people  made  the  least  movement  to  assert  their 
liberty,  their  tyrants  starved  them  to  death  or  sub- 


mission.  This  may  be  called  the  most  perfect  kind 
of  political  necessity, 

FROM  what  has  been  said,  I  think  this  uncontro- 
vertible  conclusion  may  be  deduced,  that  when  a 
ruling  state  obliges  a  dependent  state  to  take  cer- 
tain commodities  from  her  alone,  it  is  implied  in 
the  nature  of  that  obligation  ;  is  essentially  requisite 
to  give  it  the  least  degree  of  justice  ;  and  is  insepa- 
rably united  with  it,  in  order  to  preserve  any  share 
of  freedom  to  the  dependent  state;  that  those  com* 
modifies  should  never  be  loaded  with  duties,  for  the 
sole  purpose  of  levying  money  on  the  dependent 
state. 

UPON  the  whole,  the  single  question  is,  whether 
the  parliament  can  legally  impose,  duties  to  be  paid 
by  the  people  of  these  colonies  only,  for  the  sole  pur- 
pose of  raising  a  revenue,  on  commodities  which 
she  obliges  us  to  take  from  her  alone,  or,  in  other 
words,  whether  the  parliament  can  legally  take 
money  out  of  our  pockets,  without  our  consent.  If 
they  can,  our  boasted  liberty  is  but 

Fox  ct  prceterea  nihil. 
A  sound  and  nothing  else. 

A  FARMER. 


(       165      ) 


LETTER    1IL 

MY  DEAR  COUNTRYMEN, 

I  REJOICE  to  find  that  my  two  former  letters 
to  you,  have  been  generally  received  with  so  much 
favour  by  such  of  you,  whose  sentiments  I  have 
had  an  opportunity  of  knowing.  Could  you  look 
into  my  heart,  you  would  instantly  perceive  a  zea- 
lous attachment  to  your  interests,  and  a  lively  re- 
sentment of  every  insult  and  injury  offered  to  you, 
to  be  the  motives  that  have  engaged  me  to  address 
you. 

I  AM  no  further  concerned  in  any  thing  affecting 
America,  than  any  one  of  you  ;  and  when  liberty 
leaves  it,  I  can  quit  it  much  more  conveniently 
than  most  of  you  :  but  while  Divine  Providence 
that  gave  me  existence  in  a  land  of  freedom,  per- 
mits my  head  to  think,  my  lips  to  speak,  and  rny 
hand  to  move,  I  shall  so  highly  and  gratefully  va- 
lue the  blessing  received,  as  to  take  care,  that  my 
silence  and  inactivity  shall  not  give  my  implied  as- 
sent to  any  act,  degrading  my  brethren  and  myself 
from  the  birthright,  wherewith  heaven  itself  "  bath 
made  us  free*"* 

*  GAL.  v.  i. 


SORRY  I  am  to  learn,  that  there  are  some  few 
persons,  who  shake  their  heads  with  solemn  moti- 
on, and  pretend  to  wonder,  what  can  be  the  mean- 
ing of  these  letters.  "Great-Britain"  they  say, 
"  is  too  powerful  to  contend  with  ;  she  is  determin- 
"  ed  to  oppress  us  ;  it  is  in  vain  to  speak  of  right  on 
u  one  side,  when  there  is  power  on  the  other  ;  when 
"  we  are  strong  enough  to  resist,  we  shall  at* 
"  tempt  it ;  but  now  we  are  not  strong  enough,  and 
"  therefore  we  had  better  be  quiet ;  it  signifies  no- 
"  thing  to  convince  us  that  our  rights  are  invaded, 
"  when  we  cannot  defend  them  ;  and  if  we  should 
tc  get  into  riots  and  tumults  about  the  late  act,  it 
"  will  only  draw  down  heavier  displeasure  upon 


WHAT  can  such  men  design  ?  What  do  their 
grave  observations  amount  to,  but  this — that  these 
colonies,  totally  regardless  of  their  liberties,  should 
commit  them,  with  humble  resignation,  to  chance^, 
time,  and  the  tender  mercies  of  ministers. 

ARE  these  men  ignorant,  that  usurpations,  which 
might  have  been  successfully  opposed  at  first,  ac- 
quire strength  by  continuance,  and  thus  become 
irresistable  ?  Do  they  condemn  the  conduct  of  these 
colonies,  concerning  the  stamp-act  ?  Or  have 
they  forgotten  its  successful  issue?  Ought  the  colo- 
nies at  that  time,  instead  of  acting  as  they  did,  to 


have  trusted  for  relief,  to  the  fortuitous  events  of  fu- 
turity ?  If  it  is  needless  "  to  speak  of  rights"  now, 
it  was  as  needless  then.  If  the  behaviour  of  the 
colonies  was  prudent  and  glorious  then,  and  suc- 
cessful too  ;  it  will  be  equally  prudent  and  glo- 
rious to  act  in  the  same*  manner  now,  if  our  rights 
are  equally  invaded,  and  may  be  as  successful. — 
Therefore  it  becomes  necessary  to  inquire,  whe- 
ther "  our  rights  are  invaded."  To  talk  of  "  de- 
"  fending"  them,  as  if  they  could  be  no  otherwise 
*'  defended"  than  by  arms,  is  as  much  out  of  the 
way,  as  if  a  man,  having  a  choice  of  several  roads 
to  reach  his  journey's  end,  should  prefer  the  worst, 
for  other  no  reason,  but  because  it  is  the  worst. 

As  to  "  riots  and  tumults,"  the  gentlemen  who 
are  so  apprehensive  of  them,  are  much  mistaken, 
if  they  think,  that  grievances  cannot  be  redressed 
without  such  assistance. 

I  WILL  now  tell  the  gentlemen,  what  is  "  the 
"  meaning  of  these  letters."  The  meaning  of 
them  is,  to  convince  the  people  of  these  colonies, 
that  they  are  at  this  moment  exposed  to  the  most 
imminent  dangers  ;  and  to  persuade  them  immedi- 
ately, vigorously,  and  unanimously,  to  exert  them- 
selves, in  the  most  firm,  but  most  peaceable  man- 
ner, for  obtaining  relief. 


(      168      ) 

THE  cause  of  liberty  is  a  cause  of  too  much  dig- 
nity, to  be  sullied  by  turbulence  and  tumult.  It 
ought  to  be  maintained  in  a  manner  suitable  to  her 
nature.  Those  who  engage  in  it,  should  breathe 
a  sedate,  yet  fervent  spirit,  animating  them  to  acti- 
ons of  prudence,  justice,  modesty,  bravery,  hu- 
manity and  magnanimity. 

To  such  a  wonderful  degree  were  the  ancient 
Spartans,  as  brave  and  free  a  people  as  ever  exist- 
ed,  inspired  by  this  happy  temperature  of  soul,  that 
rejecting  even  in  their  battles  the  use  of  trumpets, 
and  other  instruments  for  exciting  heat  and  rage, 
they  marched  up  to  scenes  of  havock  and  horror, * 
with  the  sound  of  flutes,  to  the  tunes  of  which  their 

steps1  kept    pace •"    exhibiting,"   as   Plutarch 

says,  "  at  once  a  terrible  and  delightful  sight,  and 
"  proceeding  with  a  deliberate  valour,  full  of  hope 
"  and  good  assurance,  as  if  some  Divinity  had  sen- 
"  sibly  assisted  them." 

I  HOPE,  my  dear  countrymen,  that  you  will,  in 
every  colony,  be  upon  your  guard  against  those, 
who  may  at  any  time  endeavour  to  stir  you  up,  un- 
der pretences  of  patriotism,  to  any  measures  dis- 
respectful to  our  sovereign  and  our  mother  coun- 
try. Hot,  rash,  disorderly  proceedings,  injure  the 

*  Plutarch  in  the  life  of  Lycurgus*  Archbishop  Potltr's  Archreologia  Grxca. 


reputation  of  a  people,  as  to  wisdom,  valour,  and 
virtue,  without  procuring  them  the  least  benefit. 
I  pray  GOD,  that  he  may  be  pleased  to  inspire  you 
and  your  posterity,  to  the  latest  ages,  with  a  spirit 
of  which  I  have  an  idea,  that  I  find  a  difficulty  to 
express.  To  express  it  in  the  best  manner  I  can, 
I  mean  a  spirit,  that  shall  so  guide  you,  that  it  will 
be  impossible  to  determine  whether  an  American's 
character  is  most  distinguishable,  for  his  loyalty  to 
his  sovereign,  his  duty  to  his  mother  country,  his 
love  of  freedom,  or  his  affection  for  his  native  soil. 

EVERY  government  at  some  time  or  other  falls 
into  wrong  measures.  This  may  proceed  from 
mistake  or  passion.  But  every  such  measure  does 
not  dissolve  the  obligation  between  the  governors 
and  the  governed. The  mistake  may  be  cor- 
rected ;  the  passion  may  subside.  It  is  the  duty 
of  the  governed  to  endeavour  to  rectify  the  mistake, 
and  to  appease  the  passion.  They  have  not  at  first 
any  other  right,  than  to  represent  their  grievances, 
and  to  pray  for  redress,  unless  an  emergence  is  so 
pressing,  as  not  to  allow  time  for  receiving  an  an- 
swer to  their  applications,  which  rarely  happens. 
If  their  applications  are  disregarded,  then  that  kind 
of  opposition  becomes  justifiable,  which  can  be  made 
without  breaking  the  laws,  or  disturbing  the  pub- 
lic peace.  This  consists  in  the  prevention  of  the  op- 

VOL.     1.  X 


(     17°     ) 

pressors  reaping  advantage  from  their  oppressions , 
and  not  in  their  punishment.  For  experience  may 
teach  them>  what  reason  did  not;  and  harsh  me- 
thods cannot  be  proper,  till  milder  ones  have  failed. 

IF  at  length  it  becomes  undoubted,  that  an  inve- 
terate resolution  is  formed  to  annihilate  the  liber-*1 
ties  of  the  governed,   the  English   history  affords^ 
frequent  examples  of  resistance  by  force.     What 
particular  circumstances  will  in  any  future   case 
justify  such  resistance,  can  never  be  ascertained* 
till  they  happen.     Perhaps  it  may  be  allowable  to 
say  generally,  that  it  never  can  be  justifiable,  until 
the  people  are  fully  convinced,  that    any  further 
submission  will  be  destructive  to  their  happiness. 

WHEN  the  appeal  is  made  to  the  sword,  highly 
probable  is  it,  that  the  punishment  will  exceed  the 
offence ;  and  the  calamities  attending  on  war  out- 
weigh those  preceding  it,  These  considerations 
of  justice  and  prudence,  will  always  have  great  in- 
fluence with  good  and  wise  men. 

To  these  reflections  on  this  subject,  it  remains  to 
be  added,  and  ought  for  ever  to  be  remembered,  that 
resistance,  in  the  case  of  colonies  against  their  mo- 
ther country,  is  extremely  different  from  the  resist- 
ance of  a  people  against  their  prince.  A  nation 
may  change  their  king,  or  race  of  kings,  and  retain- 


ing  their  ancient  form  of  government,  be  gainers  by 
changing.  Thus  Great -Britain,  under  the  illus- 
trious house  of  Brunswick,  a  house  that  seems  to 
flourish  for  the  happiness  of  mankind,  has  found  a 
felicity,  unknown  in  the  reigns  of  the  Stuarts. 
But  if  once  we  are  separated  from  our  mother  coun- 
try, what  new  form  of  government  shall  we  adopt, 
or  where  shall  we  find  another  Britain,  to  supply 
our  loss  ?  Torn  from  the  body,  to  which  we  are 
united  by  religion,  liberty,  laws,  affections,  relati- 
on, language  and  commerce,  we  must  bleed  at 
every  vein, 

IN  truth — the  prosperity  of  these  provinces  is 
founded  in  their  dependence  on  Great-Britain ; 
and  when  she  returns  to  her  "  old  good  humour, 
"  and  her  old  good  nature/'  as  lord  Clarendon 
expresses  it,  I  hope  they  will  always  think  it  their 
duty  and  interest,  as  it  most  certainly  will  be,  to 
promote  her  welfare  by  all  the  means  in  their 
power. 

WE  cannot  act  with  too  much  caution  in  our  dis- 
putes. Anger  produces  anger  ;  and  differences, 
that  might  be  accommodated  by  kind  and  respect- 
ful  behaviour,  may,  by  imprudence,  be  enlarged  to 
an  incurable  rage.  In  quarrels  between  countries, 
as  well  as  in  those  between  individuals,  when  they 
have  risen  to  a  certain  height,  the  first  cause  of 


(        17*        ) 

dissension  is  no  longer  remembered,  the  minds  of 
the  parties  being  wholly  engaged  in  recollecting 
and  resenting  the  mutual  expressions  of  their  dis- 
like. When  feuds  have  reached  that  fatal  point, 
all  considerations  of  reason  and  equity  vanish  ;  and 
a  blind  fury  governs,  or  rather  confounds  all  things. 
A  people  no  longer  regards  their  interest,  but  the 
gratification  of  their  wrath.  The  sway  of  the 
Cleans  *  and  Clodius'sy  the  designing  and  detesta- 
ble flatterers  of  the  prevailing  passion  becomes 
confirmed.  Wise  and  good  men  in  vain  oppose 
the  storm,  and  may  think  themselves  fortunate, 
if,  in  attempting  to  preserve  their  ungrateful  fellow 
citizens,  they  do  not  ruin  themselves.  Their  pru- 
dence will  be  called  baseness  ;  their  moderation  will 
be  called  guilt ;  and  if  their  virtue  does  not  lead 
them  to  destruction,  as  that  of  many  other  great 
and  excellent  persons  has  done,  they  may  survive 
to  receive  from  their  expiring  country  the  mourn- 
ful glory  of  her  acknowledgment,  that  their  coun- 
sels, if  regarded  would  have  saved  her. 

THE  constitutional  modes  of  obtaining  relief,  are 
those  which  I  wish  to  see  pursued  on  the  present 
occasion ;  that  is,  by  petitions  of  our  assemblies, 
or  where  they  are  not  permitted  to  meet,  of  the 
people,  to  the  powers  that  can  afford  us  relief. 

*  Clcun  was  a  popular  firebrand  of  Athens,  and  Clodius  of  Rome ;  each  of  whom 
plunged  his  country  into  the  deepest  calamities. 


(      '73      ) 

WE  have  an  excellent  prince,  in  whose  good 
dispositions  towards  us  we  may  confide.  We  have 
a  generous,  sensible  and  humane  nation,  to  whom 
we  may  apply.  They  may  be  deceived,  they  may, 
by  artful  men,  be  provoked  to  anger  against  us.  I 
cannot  believe  they  will  be  cruel  or  unjust ;  or  that 
their  anger  will  be  implacable.  Let  us  behave  like 
dutiful  children,  who  have  received  unmerited 
blows  from  a  beloved  parent.  Let  us  complain  to 
our  parent;  but -let  our  complaints  speak  at  the 
same  time  the  language  of  affliction  and  veneration. 

IF,  however,  it  shall  happen,  by  an  unfortunate 
course  of  affairs,  that  our  applications  to  his  majes- 
ty and  the  parliament  for  redress,  prove  ineffectual, 
let  us  then  take  another  step,  by  withholding  from 
Great- Britain  all  the  advantages  she  has  been  used 
to  receive  from  us.  Then  let  us  try,  if  our  ingenui- 
ty, industry,  and  frugality,  will  not  give  weight  to 
our  remonstrances.  Let  us  all  be  united  with  one 

spirit,  in  one  cause.  Let  us   invent let  us  work 

let  us  save let   us,  continually,  keep  up 

our  claim,  and  incessantly  repeat  our  complaints— 
But,  above  all,  let  us  implore  the  protection  of  that 
infinitely  good  and  gracious  Being,  "  by  whom 
kings  reign,  and  princes  decree  justice*." 

Nil  desperandum. 

Nothing  is  to  be  despaired  of. 

A  FARMER. 

*  PROV.  viii.  15. 


(      174     ) 
LETTER 


MY  DEAR  COUNTRYMEN, 

N  objection,  I  hear,  has  been  made  against 
my  second  letter,  which  I  would  willingly  clear  up 
before  I  proceed.  "  There  is,"  say  these  objectors, 
tc  a  material  difference  between  the  stamp-act  and 
"  the  late  act  for  laying  a  duty  on  paper,  &c.  that 
"  justifies  the  conduct  of  those  who  opposed  the 
tc  former,  and  yet  are  willing  to  submit  to  the  lat- 
"  ter.  The  duties  imposed  by  the  stamp-act  were 
"  internal  taxes  ;  but  the  present  are  external,  and 
"  therefore  the  parliament  may  have  a  right  to  im- 
"  pose  them." 

To  this  I  answer,  with  a  total  denial  of  the  pow- 
er of  parliament  to  lay  upon  these  colonies  any 
"  tax"  whatever, 

THIS  point,  being  so  important  to  this,  and  to 
succeeding  generations,  I  wish  to  be  clearly  un- 
derstood. 

To    the  word  "  tax"  I   annex    that  meaning 
which  the  constitution  and  history  of  England  re- 
quire to  be  annexed  to  it  ;  that  is  --  that  it  is  an 
imposition  on  the  subject,  for  the  sole  purpose  of 
levying  money. 


(      175     ) 

IN  the  early  ages  of  our  monarchy,  certain  ser- 
vices were  rendered  to  the  crown  for  the  general 
good.  These  were  personal:*  but,  in  process  of 
time,  such  institutions  being  found  inconvenient, 
gifts  and  grants  of  their  own  property  were  made 
by  the  people,  under  the  several  names  of  aids,  tal- 
lages,  tasks,  taxes  and  subsidies,  &fc.  These  were 
made,  as  may  be  collected  even  from  the  names,  for 
public  service  upon  "need  and  necessity)*."  All 
these  sums  were  levied  upon  the  people  by  virtue 
of  their  voluntary  giftj.  Their  design  was  to  sup- 
port the  national  honour  and  interest.  Some  of 
those  grants  comprehended  duties  arising  from 

*  It  is  very  worthy  of  remark,  how  watchful  our  wise  ancestors  were,  lest 
their  services  should  be  increased  beyond  what  the  law  allowed.  No  man  was 
bound  to  go  out  of  the  realm  to  serve  the  king.  Therefore,  even  in  the  con- 
quering reign  of  Henry  the  fifth,  when  the  martial  spirit  of  the  nation  was 
highly  inflamed  by  the  heroic  courage  of  their  prince,  and  by  his  great  success, 
they  still  carefully  guarded  against  the  establishment  of  illegal  services. 
"  When  this  point  (says  lord  chief  justice  Cok:)  concerning  maintenance  of 
wars  out  of  England,  came  in  question,  the  commons  did  make  their  continual 
claim  of  their  ancient  freedom  and  blrtlrlglt,  as  in  the  first  of  Henry  tbefftb,  and 
hi  the  seventh  of  Henry  tie  fftb,  &c.  the  commons  made  a  PROTEST,  that 
they  were  not  bound  to  the  maintenance  of  war  in  Scotland,  Ireland,  Colics, 
France,  Normandy,  or  other  foreign  parts,  and  caused  their  PROTESTS  to  be 
entered  into  the  parliament  rolls,  where  they  yet  remain ;  which,  in  effect, 
agrccth  with  that  which,  upon  like  occasion,  was  made  in  the  parliament  of 
25th  Edward  I."  2d  Inst.  p.  528. 

f  4th  Inst.  p.  18. 

\  Reges  Ailglize,  mhll  tale,  nisi  cotivosati:  frimis  ordinilius,  et  asstniienie  papula 
susdpiuttt.  Phil.  Comines.  ad  Inst. 


(      176     ) 

trade ;  being  imposts  on  merchandizes.  These 
lord  chief  justice  Coke  classes  under  "  subsidies,'* 
and  "  parliamentary  aids."  They  are  also  called 
"  customs."  But  whatever  the  name  was,  they 
were  always  considered  as  gifts  of  the  people  to  the 
crown,  to  be  employed  for  public  uses. 

COMMERCE  was  at  alow  ebb,  and  surprizing 
instances  might  be  produced  how  little  it  was  at- 
tended to  for  a  succession  of  ages.  The  terms  that 

These  gifts  entirely  depending  on  the  pleasure  of  the  donors,  were  propor- 
tioned to  the  abilities  of  the  several  ranks  of  people  who  gave,  und  were 
regulated  by  their  opinion  of  the  public  necessities.  Thus  Edward  I.  had  in 
his  nth  year  a  thirtieth  from  the  laity,  a  twentieth  from  the  clergy;  in  his 
aad  year  a  tenth  from  the  laity,  a  sixth  from  London,  and  other  corporate 
towns,  half  of  their  benefices  from  the  clergy ;  in  his  23d  year  an  eleventh  from 
the  barons  and  others,  a  tenth  from  the  clergy,  a  seventh  from  the  burgesses, 
5sV.  Humes  Hist,  of  England, 

The  same  difference  in  the  grants  of  the  several  ranks  is  observable  in 
other  reigns. 

In  the  famous  statute  de  tallagio  nm  concedendo,  the  king  enumerates  the  se- 
veral classes,  without  whose  consent,  he  and  his  heirs  never  should  set  or  levy 

any  tax "nttllum  tallaglum,  vel  anxU'ium  per  nos,  vel  liter  eda  nostros  In  regno  nostro 

fc/naiurfeu  levetur,  sine  voluntatc  et  asscnsu  arcbiepiscopornm,  episcoporum,  comitum,  ba- 
ronum,  mUitum,burgensittm,  et  aliorum  liberorum  com.  dc  regno  nostro."  34th  Edward  I. 

Lord  chief  justice  Cole,  in  his  comment  on  these  words,  says — "  for  the  quiet- 
ing of  the  commons,  and  for  a  perpetual  and  constant  laia  for  ever  after,  both  in 
this  and  oiler  like  cases,  this  act  was  made."  These  words  are  plain,  without  ary 
scruple,  absolute,  without  any  faving"  2d  Coke's  Inst.  p.  532.  533.  Little  did  the 
venerable  judge  imagine,  that  "  other  like  cases"  would  happen,  in  which  the 
spirit  of  this  law  would  be  despised  by  EnglislnxeK,\he  posterity  of  those  who 
made  it. 


(     177      > 

have  been  mentioned,  and,  among  the  rest,  that  of 
tax,"    had  obtained  a   national,   parliamentary 
meaning,  drawn  from  the  principles  of  the  constitu- 
tion, long  before  any  Englishman  thought  of  impo- 
sition of  duties,  for  the  regulation  of  trade. 

WHENEVER  we  speak  of  "  taxes"  among  Eng- 
lishmen, let  us  therefore  speak  of  them  with  refer- 
ence to  the  principles  on  which,  and  the  intentions 
with  which  they  have  been  established.  This  will 
give  certainty  to  our  expression,  and  safety  to  our 
conduct  :  but  if,  when  we  have  in  view  the  liberty 
of  these  colonies,  we  proceed  in  any  other  course, 
we  pursue  a  Juno*  indeed,  but  shall  only  catch  a 
cloud. 

IN  the  national,  parliamentary  sense  insisted  on, 
the  word  "  taxf"  was  certainly  understood  by  the 
congress  at  New -Tor  kr  whose  resolves  may  be  said 
to  form  the.  American  "  bill  of  rights." 

The  third,  fourth,  fifth,  and  sixth  resolves  are 
thus  expressed. 

*  The  Goddess  of  empire,  in  the  heathen  mythology  ;  according  to  an  anci- 
tient  fable,  Ixion  pursued  her,  but  she  escaped  in  a  cloud. 

f  In  this  sense  Montesquieu  uses  the  word"  tax,"  in  his  I3th  book  oltpiritof 
laius* 

VOL.     I.  Y 


(      '78      ) 

III.  u  THAT  it  is  inseparably  essential  to  the 
"freedom   of  a  people  and  the  undoubted  right  of 
"  Englishmen,  that  NO  TAXJ  be  imposed  on  them, 
"  but  with  their  own  consent,  given  personally,  or 
"  by  their  representatives.'' 

IV.  "  THAT  the  people  of  the  colonies  are  not, 
"  and  from  their  local  circumstances,'  cannot  be, 
"  represented  in  the  house  of  commons  in  Great- 
"  Britain." 

V.  "  THAT  the  only  representatives  of  the  peo- 
•"  pie  of  the  colonies,  are  the  persons  chosen  therein 
"  by  themselves;   and  that  NO    TAXES  ever  have 
'•  been,  or  can  be  constitutionally  imposed  on  them, 
"  but  by  their  respective  legislatures." 

VI.  "  THAT  all  supplies  to  the  crown,  being  free 
"  gifts  of  the  people,  it  is  unreasonable,  and  in  con- 
"  sistent  ivitb  the  principles  and  spirit  of  the  Bri- 
"  tish  constitution,  for  the  people  of  Great-Bri- 
"  tain  to  grant  to  his  majesty  the  property  of  the 
"  colonies." 

HERE  is  no  distinction  made   between  internal 


\  The  rough  draught  of  the  resolves  of  the  congress  at  New-Tork  are  now  ia 
my  hands,  and  from  some  notes  on  that  draught,  and  other  particular  reasons,  I 
am  satisfied,  that  the  congress  understood  the  word  "  tax"  in  the  sense  here 
contended  for. 


(      '79     ) 

and  external  taxes.  It  is  evident  from  the  short 
reasoning  thrown  into  these  resolves,  that  every 
imposition  "  to  grant  to  his  majesty  the  property  of 
"  the  colonies"  was  thought  a  "tax;"  and  that 
every  such  imposition,  if  laid  any  other  way,  than 
u  with  their  consent,  given  personally,  or  by 
"  their  representatives,"  was  not  only  "  unreason- 
"  able,  and  inconsistent  with  the  principles  and 
"  spirit  of  the  British  constitution,"  but  destruc- 
tive u  to  the  freedom  of  a  people." 

THIS  language  is  clear  and  important.  A  "  tax™ 
means  an  imposition  to  raise  money.  Such  persons 
therefore  as  speak  of  internal  and  external 
"  taxes"  I  pray  may  pardon  me,  if  I  object  to  that 
expression,  as  applied  to  the  privileges  and  inte- 
rests of  these  colonies.  There  may  be  internal 
and  external  impositions,  founded  on  different 
principles,  and  having  different  tendencies;  every 
u  tax"  being  an  imposition,  though  every  imposi- 
tion is  not  a  "  tax."  But  all  taxes  are  founded  on 
the  same  principle  ;  and  have  the  same  tendency. 

EXTERNAL  impositions,  for  the  regulation  of 
our  trade,  do  not  u  grant  to  his  majesty  the  proper- 
"  ty  of  the  colonies"  They  only  prevent  the  co- 
lonies acquiring  property,  in  things  not  necessary, 
in  a  manner  judged  to  be  injurious  to  the  welfare  of 
the  whole  empire.  But  the  last  statute  respecting 


us,  "  grants  to  his  majesty  the  property  of  the 
"  colonies ,"  by  laying  duties  on  the  manufactures 
of  Great-Britain  which  they  must  take,  and  which 
she  settled  them,  on  purpose  that  they  should  take. 

WHAT  "  tax*"  can  be  more  internal  than  this  ? 
Here  is  money  drawn,  IK  it  bout  their  consent ,  from 


*  It  seems  to  be  evident,  that  mr.  Pitt,  in  his  defence  of  America,  eluring 
the  debate  concerning  the  repeal  of  the  stamp-act,  by  "  internal  taxes,"  meant 
any  duties  "  for  the  purpose  of  raising  a  revenue  ;"  and  by  "  external  taxes," 
meant  duties  imposed  "  for  the  regulation  of  trade."  His  expressions  are 
these — "  If  the  gentleman  does  not  understand  the  difference  between  internal 
and  external  taxes,  I  cannot  help  it ;  but  there  is  a  plain  distinction  between 
taxes  levied  for  the  purposes  of  raising  a  re-venue,  and  duties  imposedybr  the  regu- 
lation of  trade,  for  the  accommodation  of  the  subject ;  altho',  in  the  consequen- 
ces, some  revenue  might  incidentally  arise  from  the  latter." 

These  words  were  in  mr.  Pitt's  reply  to  mr.  Grenvllle,  who  said  he  could 
cot  understand  the  difference  bet  -veen  external  and  internal  taxes. 

In  every  other  part  of  his  speeches  on  that  occasion,  his  words  confirm  this 
construction  of  his  expressions.  The  following  extracts  will  shew  how  positive 
and  general  were  his  assertions  of  our  right. 

"  It  is  my  opinion  that  this  kingdom  has  no  right  to  lay  a  tax  upon  the  co- 
lonies."— "  The  Americans  are  the  sons,  not  the  bastards  of  England.  'Taxation 
is  no  part  of  the  governing  or  legislative  power." — "  The  taxes  are  a  voluntary 
gift  and  grant  of  the  commons  ahr.e*  fn  legislation  the  three  estates  of  the  realm 
are  alike  concerned,  but  the  concurrence  of  the  peers  and  the  croivn  to  a  tax,  is 
only  necessary  to  close  with  the  form  of  a  law.  The  gift  and  grant  is  of  the 
eommons  alone." — "  The  distinction  between  legislation  and  taxation  is  essentially  neces- 
tary  to  liberty." — "  The  commons  of  America,  represented  in  their  several  assem- 
blies, have  ever  been  in  possession  of  the  exercise  of  this  their  constitutional 
right,  of  giving  and  granting  their  oiun  money.  They  ivonltl  have  been  SLAVES, 
ij  tiny  had  net  evjuyed  it"  "  The  idea  of  a  virtual  rcprescr.tuticn  of  Amtriia  in 


a  society  who  have  constantly  enjoyed  a  constituti- 
onal mode  of  raising  all  money  among  themselves. 
The  payment  of  this  tax  they  have  no  possible 
method  of  avoiding ;  as  they  cannot  do  without 
the  commodities  on  which  it  is  laid,  and  they  can- 
not manufacture  these  commodities  themselves. 
Besides,  if  this  unhappy  country  should  be  so  lucky 
as  to  elude  this  act,  by  getting  parchment  enough, 
in  the  place  of  paper,  or  by  reviving  the  ancient  me- 
thod of  writing  on  wax  and  bark,  and  by  inventing 
something  to  serve  instead  of  glass,  her  ingenuity 
would  stand  her  in  little  stead  ;  for  then  the  parlia- 
ment would  have  nothing  to  do  but  to  prohibit 
such  manufactures,  or  to  lay  a  tax  on  hats  and 


this  house,  is  the  most  contemptible  idea  that  ever  catered  into  the  head  of 
nian. — It  does  not  deserve  a  serious  refutation." 

He  afterwards  shews  the  unreasonableness  of  Great- Britain  taxing  America, 
thus — "  When  I  had  the  honour  of  serving  his  majesty,  I  availed  myself  of 
the  means  of  information,  which  I  derived  from  my  office,  7  speak  therefore 
from  knowledge.  My  materials  were  good.  I  was  at  pains  to  collect,  to  digest, 
to  consider  them  ;  and  7  will  be  bold  to  affirm,  that  the  profit  to  Great-Britain 
from  the  trade  of  the  colonies,  through  all  its  branches,  is  two  millions  a  year. 
TLis  is  the  fund  that  carried  you  triumphantly  through  the  last  war.  The 
estates  that  were  rented  at  two  thousand  pounds  a  year,  threescore  years  ago, 
ar  e  three  thousand  pounds  at  present.  Those  estates  sold  then  from  fifteen 
to  eighteen  years  purchase  ;  the  same  may  now  be  sold  for  thirty.  You  otvc 
this  to  America-  This  is  the  price  that  America  pays  you  for  her  protection"— — "  1  dare 
not  say  how  much  higher  these  profits  may  be  augmented ." — "  Upon  the 
whole,  t  will  beg  leave  to  tell  the  house  what  is  really  my  opinion  ;  it  is,  that 
the  stamp-act  be  repealed  absolutely,  totally,  and  immediately.  That  the  rea- 
son, for  the  repeal  be  assigned,  because  it  was  founded  oa  aa  errenhus  principle" 


•woollen  cloths,  which  they  have  already  prohibited 
the  colonies  fro m  supplying  each  other  with ;  or 
on  instruments  or  tools  of  steel and  iron^  which  they 

4 

have  prohibited  the  provincials  from  manufactur- 
ing at  all*:  and  then,  what  little  gold  and  silver 
they  have,  must  be  torn  from  their  hands,  or  they 
will  not  be  able,  in  a  short  time,  to  get  an  axf,  for 
cutting  their  firewood,  nor  a  plough,  for  raising 
their  food.  In  what  respect,  therefore,  I  beg  leave 
to  ask,  is  the  late  act  preferable  to  the  stamp-act, 
or  more  consistent  with  the  liberties  of  the  colo- 
nies ?  For  my  own  part,  I  regard  them  both  with 
equal  apprehension  ;  and  think  they  ought  to  be 
in  the  same  manner  opposed. 

Habemus  quidem  senatus  consultum, — tanquam 

gladium  in  vagina  repositum. 
We  have  a  statute,  laid  up  for  future  use,  like  a 

sword  in  the  scabbard. 

A  FARMER. 


*  "  And  that  pig  and  bar  iron,  made  in  his  majesty's  colonies  in  America, 
may  be  further  manufactured  in  this  kingdom ,  be  it  further  enailed  by  the  autho- 
rity aforesaid,  that  from  and  after  the  twenty-fourth  day  of  June,  1750,  no 
mill,  or  other  engine,  for  slitting  or  rolling  of  iron,  or  any  plating  forge,  to  work 
•with  a  tilt  hammer,  or  any  furnace  for  making  steel,  shall  be  erected  ;  or,  after 
such  erection,  continued  in  any  of  his  majesty's  colonies  in  America"  23d  George 
II.  chap.  29.  sect.  9. 

f  Tho'  these  particulars  are  mentioned  as  being  absolutely  necessary,  yet 
perhaps  they  arc  not  more  so  than  glass  in  our  severe  winters,  to  keep  out  the 
cold  from  our  houses;  or  than  paper,  without  which  such  inexpressible  con- 
fusions must  ensue. 


LETTER     V. 


MY  DEAR  COUNTRYMEN, 

JL  ERHAPS  the  objection  to  the  late  act,  impos- 
ing duties  upon  paper,  &c.  might  have  been  safely 
rested  on  the  argument  drawn  from  the  universal 
conduct  of  parliaments  and  ministers,  from  the  first 
existence  of  these  colonies,  to  the  administration 
of  mr.  Gr entitle. 

WHAT  but  the  indisputable,  the  acknowledged 
exclusive  right  of  the  colonies  to  tax  themselves, 
could  be  the  reason,  that  in  this  long  period  of 
more  than  one  hundred  and  fifty  years,  no  statute 
was  ever  passed  for  the  sole  purpose  of  raising  a 
revenue  on  the  colonies  ?  And  how  clear,  how  co- 
gent must  that  reason  be,  to  which  every  parlia- 
ment, and  every  minister,  for  so  long  a  time  sub- 
mitted, without  a  single  attempt  to  innovate  ? 

ENGLAND,  in  part  of  that  course  of  years,  and 
Great-Britain,  in  other  parts,  was  engaged  in  seve- 
ral fierce  and  expensive  wars  ;  troubled  with  some 
tumultuous  and  bold  parliaments ;  governed  by 
many  daring  and  wicked  ministers  ;  yet  none  of 
them  ever  ventured  to  touch  the  palladium  of  Ame- 


TIC  an  liberty.  Ambition,  avarice,  faction,  tyranny, 
all  revered  it.  Whenever  it  was  necessary  to  raise 
money  on  the  colonies,  the  requisitions  of  the 
crown  were  made,  and  dutifully  complied  with. 
The  parliament,  from  time  to  time,  regulated  their 
trade,  and  that  of  the  rest  of  the  empire,  to  preserve 
their  dependence,  and  the  connection  of  the  whole 
in  good  order. 

THE  people  of  Great-Britain,  in  support  of  their 
privileges,  boast  much  of  their  antiquity.  It  is 
true  they  are  ancient ;  yet  it  may  well  be  question- 
ed, if  there  is  a  single  privilege  of  a  British  sub- 
ject, supported  by  longer,  more  solemn,  or  more 
uninterrupted  testimony,  than  the  exclusive  right 
of  taxation  in  these  colonies.  The  people  of  Great- 
Britain  consider  that  kingdom  as  the  sovereign  of 
these  colonies,  and  would  now  annex  to  that  sove- 
reignty a  prerogative  never  heard  of  before.  How 
would  they  bear  this,  was  the  case  their  own  ? 
What  would  they  think  of  a  new  prerogative  claim- 
ed by  the  crown  ?  We  may  guess  what  their  con- 
duct would  be,  from  the  transports  of  passion  into 
which  they  fell  about  the  late  embargo,  though  laid 
to  relieve  the  most  emergent  necessities  of  state, 
admitting  of  no  delay  ;  and  for  which  there  were 
numerous  precedents.  Let  our  liberties  be  treated 
with  the  same  tenderness,  and  it  is  all  we  desire. 


EXPLICIT  as  the  conduct  of  parliaments,  for  so 
many  ages,  is,  to  prove  that  no  money  can  be  levied 
on  these  colonies  by  parliament,  for  the  purpose  of 
raising  a  revenue,  yet  it  is  not  the  only  evidence  in 
our  favour. 

EVERY  one  of  the  most  material  arguments 
against  the  legality  of  the  stamp -act,  operates  with 
equal  force  against  the  act  now  objected  to  ;  but  as 
they  are  well  known,  it  seems  unnecessary  to  repeat 
them  here. 

THIS  general  one  only  shall  be  considered  at 
present ;  that  though  these  colonies  are  dependent 
on  Great-Britain ;  and  though  she  has  a  legal 
power  to  make  laws  for  preserving  that  depen- 
dence ;  yet  it  is  not  necessary  for  this  purpose,  nor 
essential  to  the  relation  between  a  mother  country 
and  her  colonies,  as  was  eagerly  contended  by  the 
advocates  for  the  stamp-act,  that  she  should  raise 
money  on  them  without  their  consent. 

COLONIES  were  formerly  planted  by  warlike  na- 
tions, to  keep  their  enemies  in  awe  ;  to  relieve  their 
country,  overburthened  with  inhabitants  ;  or  to  dis- 
charge a  number  of  discontented  and  troublesome 
citizens.  But  in  more  modern  ages,  the  spirit  of 
violence  being,  in  some  measure,  if  the  expression 

VOL.   i.  Z 


may  be  allowed,  sheathed  in  commerce,  colonies 
have  been  settled  by  the  nations  of  Europe  for  the 
purposes  of  trade.  These  purposes  were  to  be  at- 
tained, by  the  colonies  raising  for  their  mother 
country  those  things  which  she  did  not  produce 
herself;  and  by  supplying  themselves  from  her  with 
things  they  wanted.  These  were  the  national  ob- 
jects in  the  commencement  of  our  colonies,  and 
have  been  uniformly  so  in  their  promotion. 

To  answer  these  grand  purposes,  perfect  liberty 
was  known  to  be  necessary ;  all  history  proving, 
that  trade  and  freedom  are  nearly  related  to  each 
other.  By  a  due  regard  to  this  wise  and  just  plan, 
the  infant  colonies,  exposed  in  the  unknown  cli- 
mates and  unexplored  wildernesses  of  this  new 
world,  lived,  grew,  and  flourished. 

THE  parent  country,  with  undeviating  prudence 
and  virtue,  attentive  to  the  first  principles  of  colo- 
nization, drew  to  herself  the  benefits  she  might 
reasonably  expect,  and  preserved  to  her  children 
the  blessings,  on  which  those  benefits  were  found- 
ed. She  made  laws,  obliging  her  colonies  to  car- 
ry to  her  all  those  products  which  she  wanted  for 
her  own  use ;  and  all  those  raw  materials  which 
she  chose  herself  to  work  up.  Besides  this  restric- 
tion, she  forbad  them  to  procure  manufactures 
from  any  other  part  of  the  globe,  or  even  the  pro- 


ducts  of  European  countries,  which  alone  could 
rival  her,  without  being  first  brought  to  her.  In 
short,  by  a  variety  of  laws,  she  regulated  their 
trade  in  such  a  manner  as  she  thought  most  condu- 
cive to  their  mutual  advantage,  and  her  own  wel- 
fare. A  power  was  reserved  to  the  crown  of  repeal- 
ing  any  laws  that  should  be  enacted  ;  the  execu- 
tive authority  of  government  \vas  also  lodged  in 
the  crown,  and  its  representatives  ;  and  an  appeal 
was  secured  to  the  crown  from  all  judgments  in  the 
administration  of  justice. 

FOR  all  these  powers  established  by  the  mother 
country  over  the  colonies  ;  for  all  these  immense 
emoluments  derived  by  her  from  them  ;  for  all  their 
difficulties  and  distresses  in  fixing  themselves,  what 
was  the  recompense  made  them  ?  A  communicati- 
on of  her  rights  in  general,  and  particularly  of  that 

great  one,  the  foundation  of  all  the  rest that 

their  property,  acquired  with  so  much  pain  and 
hazard,  should  be  disposed  of  by  none  but  them- 
selves*  or,  to  use  the  beautiful  and  emphatic 

language  of  the  sacred  scriptures,  "  that  they  should 
c'  sit  every  man  under  his  vine,  and  under  his  fig- 
"  tree,  and  none  should  make  them 


*  The  power  of  taxing  themselves,  was  the  privilege  of  which  the  EngllJ* 
were,  "  -witL  reason  "  particularly  jealous.      HUME'S  Hist,  of  England. 

f  Mic.  iv.  4. 


(      188      ) 

CAN  any  man  of  candour  and  knowledge  deny, 
that  these  institutions  form  an  affinity  between 
Great-Britain  and  her  colonies,  that  sufficiently 
secures  their  dependence  upon  her  ?  Or  that  for 
her  to  levy  taxes  upon  them,  is  to  reverse  the  nature 
of  things  ?  Or  that  she  can  pursue  such  a  measure, 
without  reducing  them  to  a  state  of  vassalage  ? 

IF  any  person  cannot  conceive  the  supremacy  of 
Great-Britain  to  exist,  without  the  power  of  laying 
taxes  to  levy  money  upon  us,  the  history  of  the  colo- 
nies, and  of  Great-Britain,  since  their  settlement, 
will  prove  the  contrary.  He  will  there  find  the  amaz- 
ing advantages  arising  to  her  from  them the 

constant  exercise  of  her  supremacy and  their 

filial  submission  to  it,  without  a  single  rebellion,  or 
even  the  thought  of  one,  from  their  first  emigration 
to  this  moment And  all  these  things  have  hap- 
pened, without  one  instance  of  Great-Britain^ 
laying  taxes  to  levy  money  upon  them. 

How  many  British  authors^,  have  demonstrated, 
that  the  present  wealth,  power  and  glory  of  their 


J  It  has  been  said  in  the  house  of  commons,  when  complaints  have  been 
made  of  the  decay  of  trade  to  any  part  of  Europe,  "  that  such  things  were  not 
worth  regard,  as  Great-Britain  was  possessed  of  colonies  that  could  consume 
more  of  her  manufactures  than  she  was  able  to  supply  them  with." 

"  As  the  case  now  stands,  we  shall  shew  that  the  plantations  are  a  spring  of 
wealth  to  this  nation,  that  they  work  for  us,  that  their  treasure  centers  all  here , 


country,  are  founded  upon  these  colonies  ?  As  con- 
stantly as  streams  tend  to  the  ocean,  have  they 
been  pouring  the  fruits  of  all  their  labours  into  their 
mother's  lap.  Good  heaven  !  and  shall  a  total  ob- 


and  that  the  laws  have  tied  them  fast  enough  to  us ;  so  that  it  must  he  through 
our  own  fault  and  mismanagement,  if  they  become  independent  of  England." 

DAVENANT  on  tic  plantation  trade. 

ct  It  is  hetter  that  the  islands  should  be  supplied  from  the  northern  colonies 
than  from  England ;  for  this  reason,  the  provisions  we  might  send  to  Barla- 
does,  Jamaica ,  &c.  would  he  unimproved  product  of  the  earth,  as  grain  of  all 
kinds,  or  such  product  where  there  is  little  got  hy  the  improvement,  as  malt, 
salt,  beef  and  pork  ;  indeed  the  exportation  of  salt  fish  thither  would  he  more 
advantageous,  but  the  goods  which  we  send  to  the  northern  colonies,  are  such, 
whose  improvement  may  be  justly  said,  one  with  another,  to  be  near  four  Jifths 
of  the  value  of  the  whole  commodity,  as  apparel,  houshoid  furniture,  and  many 
other  things."  Idem. 

"  New-England  is  the  trost  prejudicial  plantation  to  the  kingdom  of  England; 
and  yet,  to  do  right  to  that  most  industrious  English  colony,  I  must  confess, 
th.tt  though  we  lose  by  their  unlimited  trade  with  other  foreign  plantations, 
yet  we  are  very  great  gainers  hy  their  direct  trade  to  and  from  Old  England. 
Our  yearly  exportations  of  English  manufactures,  malt  and  other  goods,  from 
hence  thither,  amounting,  in  my  opinion,  to  ten  times  the  value  of  what  is  im- 
ported from  thence  ;  which  calculation  I  do  not  make  at  random,  hut  upon 
mature  consideration,  and,  peradventure,  upon  as  much  experience  in  this  very  trade, 
as  any  other  person  will  pretend  to  ;  and  therefore,  whenever  reformation  of 
our  correspondency  in  trade  with  that  people  shall  he  thought  on,  it  will,  in 
my  poor  judgment,  require  great  tenderness,  and  very  serious  circumspection" 

Sir  Jo  si  A II  CHILD'S  discourse  on  trade. 

"  Cur  plantations  spend  mostly  our  English  manufactures,  and  those  of  all 
sorts  almost  imaginable,  in  egregious  quantities,  and  employ  near  tivo  thirds  of  all 
tur  English  shipping ;  so  that  v/c  have  more  people  in  England,  by  reason  of  our 
plantations  in  America.'"  Idem. 


livion  of  former  tendernesses  and  blessings,  be 
spread  over  the  minds  of  a  good  and  wise  nation, 
by  the  sordid  arts  of  intriguing-  men,  who,  covering 


Sir  JOSIAH  CHILD  says,  in  another  part  of  his  work,  "  that  not  more  than 
fifty  families  are  maintained  in  England  by  the  refining  of  sugar."  From 
whence,  and  from  what  Davenant  says,  it  is  plain,  that  the  advantages  here  said 
to  be  derived  from  the  plantations  by  England^  mult  be  meant  chiefly  of  the 
continental  colonies. 

"  I  shall  sum  up  my  whole  remarks  on  our  American  colonies,  with  this 
observation,  that  as  they  are  a  certain  annual  revenue  of  several  millions  ster- 
ling to  their  mother  country,  they  ought  carefully  to  be  protected,  duly  en- 
couraged, and  every  opportunity  that  presents,  improved  for  their  increment 
and  advantage,  as  every  one  they  can  possibly  reap,  must  at  last  return  to  us> 
with  interest."  BEAWES'S  Lex.  Merc.  Red. 

"  We  may  safely  advance,  that  our  trade  and  navigation  are  greatly  increas- 
ed by  our  colonies,  and  that  they  really  are  a  source  of  treasure  and  naval  pow- 
er to  this  kingdom,  since  they  ivork  for  us,  and  their  treasure  centers  here.  Before 
their  settlement,  our  manufactures  were  few,  and  those  but  indifferent ;  the 
number  of  English  merchants  were  very  small,  and  the  whole  shipping  of  the 
nation  much  inferior  to  what  now  belongs  to  the  northern  colonies  only. 
These  arc  certain  facts.  But  since  their  establishment,  our  condition  has  altered 
for  the  better,  almost  to  a  degree  beyond  credibility.  Our  manufactures  arc 
prodigiously  increased,  chiefly  by  the  demand  for  them  in  the  plantations, 
where  they  at  least  take  off  one  half,  and  supply  us  with  many  valuable  commo- 
dities for  exportation,  which  is  as  great  an  emolument  to  the  mother  kingdom, 
as  to  the  plantations  themselves.'' 

POSTLETHWAYT'S  tuilv.  diet,  of  trade  and  commerce. 

"  Most  of  the  nations  of  Europe  have  interfered  with  us,  more  or  less,  in 
riivers  of  our  staple  manufactures,  within  half  a  century,  not  only  in  our  wcoi- 
Icn,  but  in  our  lead  and  tin  manufactures,  as  well  as  our  fisheries." 

POSTLETUWAYT,   ibid. 

"  The  inhabitants  of  our  colonies,  by  carrying  on  a  trade  with  their  foreign 
neighbour t )  do  net  only  occasion  a  greater  quan!i!y  of  Lls  goods  and  merJ?anJ:z?>  ',' 


their  selfish  projects  under  pretences  of  public  good, 
first  enrage  their  countrymen  into  a  frenzy  of  passi- 
on and  then  advance  their  own  influence  and  inte- 

Europe  being  sent  fron:  hence  to  tb:m,  and  a  greater  quantity  of  the  product  of 
America  to  be  sent  from  them  hither,  tubich  -would  otherwise  be  carried  from,  end 
brought  to  Europe  /;y  foreigners,  but  an  increase  of  the  seamen  and  navigation  in 
those  parts,  which  is  of  great  strength  and  security,  as  well  as  of  great  advant- 
age to  our  plantations  in  general.  And  though  some  of  our  colonies  arc  not  only 
for  preventing  the  importations  of  all  goods  of  tie  same  species  they  produce  but  suf- 
fer particular  planters  to  keep  great  runs  of  land  in  their  possession  uncultivated,  with 
design  to  prevent  new  settlements,  whereby  they  imagine  the  prices  of  their 
commodities  may  be  affected  ;  yet  if  it  be  considered,  that  the  markets  of 
Great-Britain  depend  on  the  markets  of  ALL  Europe  in  general,  and  that  the 
European  markets  in  general  depend  on  the  proportion  between  the  annual  con- 
sumption and  the  whole  quantity  of  each  species  annually  produced  by  ALL  nations  ; 
it  must  follow,  that  whether  we  or  foreigners  are  the  producers,carr/Vr.r,  im- 
porters and  exporters  of  American  produce,  yet  their  respective  prices  in  each 
colony  (the  difference  of  freight,  customs  and  importations  considered)  will  al- 
ways bear  proportion  to  the. general  (omsumption  of  the  tvbole  quantity  of  each  sort, 
produced  in  all  colonies,  and  in  all  parts,  allowing  only  for  the  usual  contingencies 
that  trade  and  commerce,  agriculture  and  manufactures,  are  liable  to  in  all  coun- 
tries." POSTLETIIWAYT,  ibid. 

"  It  is  certain,  that  from  the  very  time  tlr  Walter  Raleigh,  the  father  of  our 
English  colonies,  and  his  associates,  first  projected  these  establishments,  there 
have  been  persons  who  have  found  an  interest,  in  misrepresenting,  or  lessening 
the  value  of  them. — The  attempts  were  called  chimerical  and  dangerous.  Af- 
terwards many  malignant  suggestions  were  made  about  sacrificing  so  many 
Englishmen  to  the  obstinate  desire  of  settling  colonies  in  countries  which  then 
produced  very  little  advantage.  But  as  these  difficulties  were  gradually  sur- 
mounted, those  complaints  vanished.  No  sooner  were  these  lamentations  over, 
but  others  arose  in  their  stead  ;  when  it  could  be  no  longer  said,  that  the  colo- 
nies were  uteletf,  it  was  alledged  that  they  were  not  useful  enough  to  their  mo- 
ther country  ;  that  while  we  were  loaded  with  taxes,  they  were  absolutely 
free ;  that  the  planters  lived  like  princes,  while  the  inhabitants  of  England  la- 
boured hard  for  a  tolerable  subsistence."  POSTLETHWAYT,  ibiJ. 


rest,  by  gratifying  the  passion,  which  they  them- 
selves have  basely  excited. 

HITHERTO    Great- Britain   has  been  contented 
with  her  prosperity.   Moderation  has  been  the  rule 


r  "  Before  the  settlement  of  these  colonies,"  says  Postlethivayt,  "  our  manufac- 
tures were  few,  and  these  but  indifferent.  In  those  days  we  had  not  only  our 
naval  stores,  but  our  ships  from  our  neighbours.  Germany  furnished  us  with 
all  things  made  of  metal,  even  to  nails.  Wine,  paper,  linens,  and  a  thousand 
other  things  came  from  Fiance,  Portugal  supplied  us  with  sugar  ;  all  the  pro- 
ducts of  America  were  poured  into  us  from  Spain  ;  and  the  Venetians  and  Geno- 
ese retailed  to  us  the  commodities  of  the  East-Indies,  at  their  own  price. 

"  If  it  be  asked,  whether  foreigners,  for  what  goods  they  take  of  us,  do  not 
pay  on  that  consumption  a  great  portion  of  our  taxes  ?     It  is  admitted  they  do." 
POSTLETHWAYT'S    Great-Britain's    True  System. 

"  If  we  are  afraid  that  one  day  or  other  the  colonies  will  revolt,  and  set  up 
for  themselves,  as  some  seem  to  apprehend,  let  us  not  drive  them  to  a  necessity 
to  feel  themselves  independent  of  us ;  as  they  •will  do,  the  moment  they  per- 
ceive that"  they  can  be  supplied  ivith  all  things  from  within  themselves"  and  do  not 
need  our  assistance. — If  we  would  keep  them  still  dependent  upon  their  mother 
country,  and,  in  some  respects,  subservient  to  her  views  and  welfare  ;  let  us  make 
it  their  interest  always  to  be  so."  TUCKER  on  Trade. 

*'  Our  colonies,  while  they  have  English  blood  in  their  veins,  and  have  rela- 
tions in  England,  and  "while  they  can  get  by  trading  'with  us,  the  stronger  and  great- 
er they  grow,  the  more  this  croiun  and  kingdom  will  get  by  them  ;  and  nothing 
but  such  an  arbitrary  power  as  shall  make  them  desperate,  can  bring  them  to 
rebel."  DAVENANT  on  the  plantation  trade. 

"  The  northern  colonies  are  not  upon  the  same  footing  as  those  of  the  south; 
and  having  a  worse  soil  to  improve,  they  must  find  the  recompense  &ome  other 
way,  which  only  can  be  in  property  and  dominion  :  upon  which  score,  any 
innovations  in  the  form  of  government  there,  should  be  cautiously  examined, 
for  fear  of  entering  upon  measures,  by  which  the  industry  of  the  inhabitants 


(     193      ) 

of  her  conduct.  But  now,  a  generous  humane  peo- 
ple, that  so  often  has  protected  the  liberty  of  stran- 
gers, is  inflamed  into  an  attempt  to  tear  a  privilege 
from  her  own  children,  \vhich,  if  executed,  must, 
in  their  opinion,  sink  them  into  slaves  :  and  for 


Tae  quite  discouraged.     'Tis  afavays   unfortunate  for    a  people,  cither  by 

l>r  upon  compulsion,  to  depart  from  their  primitive  instil  nitons,  and  \lt9t«  fundamental* t 

by  which  they  HTCTC^frjtf  united  together, ,"  Idem. 

x<  The  most  effectual  way  of  ur.iiir.g  the  colonies,  is  to  make  it  their  com- 
mon interest  to  oppose  the  designs  and  attempts  of  Great-Britain. 

"  All  wise  states  will  well  consider  how  to  preserve  the  advantages  arising 
From  colonies,  and  avoid  the  evils.  And  I  conceive  that  there  can  be  but  tvjo 
ways  in  nature  to  hinder  them  from  throwing  off  their  dependence  ;  one  to  keep 
it  out  of  their  poiuer,  and  the  other,  out  of  their  ivill.  The  first  must  be  by 
force;  and  the  latter,  by  using  them  ive!l,  and  keeping  them  employed  in  such 
productions,  and  making  such  manufactures,  as  will  support  themselves  and 
families  comfortably,  am! procure  them  wealth  too,  and  at  least  nor  prejudice  their 
mother  country. 

"  Force  can  never  be  used  effectually  to  answer  the  end,  -without  Jest  raying  tie 
tolonies  themselves.  Liberty  and  encouragement  are  necessary  to  carry  people 
thither,  and  to  keep  them  together  when  they  are  there  ;  and  violence  will 
hinder  both.  Any  body  of  troops,  considerable  enough  to  awe  them,  and  keep 
them  in  subjection,  under  the  direction  too  of  a  needy  governor,  often  sent  thi- 
ther to  make  his  fortune,  and  at  such  a  distance  from  any  application  for  re- 
dress, will  soon  put  an  end  to  all  planting,  and  leave  the  country  to  the  soldiers 
alone,  and  if  it  did  not,  ivould  cat  up  all  the  profit  of  the  colony.  For  this  reason 
arbitrary  countries  have  not  been  equally  successful  in  planting  colonies  with 
free  ones  ;  and  what  they  have  done  in  that  kind,  has  either  been  by  force,  at 
a  vast  expence,  or  by  departing  from  the  nature  of  their  government,  and  givir.g 
such  privileges  to  planters  as  were  denied  to  their  oiler  subjects.  And  I  dare  say,  that 
a  few  prudent  laws,  and  a  little  prudent  conduct,  would  soon  give  us  far  the 
greatest  share  of  the  riches  of  all  America,  perhaps  drive  many  of  other  nations 
out  of  it,  or  into  our  colonies  for  shelter. 

VOL.      1.  2  A 


(     '94     ) 

what  ?  For  a  pernicious  power,  not  necessary  to 
her,  as  her  own  experience  may  convince  her  ;  but 
horribly  dreadful  and  detestable  to  them. 

IT  seems  extremely  probable,  that  when  cool, 
dispassionate  posterity,  shall  consider  the  affecti- 
onate intercourse,  the  reciprocal  benefits,  and  the 
Unsuspecting  confidence,  that  have  subsisted  be- 
tween these  colonies  and  their  parent  country,  for 
such  a  length  of  time,  they  will  execrate,  with  the 
bitterest  curses,  the  infamous  memory  of  those 
men,  whose  pestilential  ambition  unnessarily,  wan- 
tonly, cruelly,  first  opened  the  sources  of  civil  dis- 
cord between  them  ;  first  turned  their  love  into 
jealousy  ;  and  first  taught  these  provinces,  filled 
v/ith  grief  and  anxiety,  to  inquire 

Mens  ub I  matcrna  est  ? 
Where  is  maternal  affection  ? 

A  FARMER. 

**  There  are  sot};  any  exigencies  in  all  states,  so  many  foreign  ivars^  and  domestic 
disturbances,  that  these  colonies  can  never  ivant  opportunities,  if  they  watch  for 
them,  to  do  ivlat  they  slallfndtleir  interest  to  do;  and  therefore  we  ought  to  take 
all  the  precautions  in  our  power,  that  it  shall  never  be  their  interest  to  act 
against  that  of  their  native  country ;  an  evil  which  can  no  otherwise  be  averted, 
than  by  keeping  them  fully  employed  in  such  trades  at  ivill  increase  their  own, 
as  well  as  our  wealth  ;  for  it  is  much  to  be  feared  if  we  do  not  find  employ- 
ment for  them,  they  may  find  it  for  us ;  the  interest  of  the  mother  country,  is 
always  to  keep  them  dependent,  and  so  employed ;  and  it  requires  all  her  ad- 
dress to  do  it ;  and  it  is  certainly  more  easily  and  effectually  done  by  gentle  and 
insensible  methods  than  by  flower  alone."  ,  C  ATO'S  Lttfrrs. 


LETTER 


MY  DEAR  COUNTRYMEN, 

IT  may  perhaps  be  objected  against  the  argu- 
ments that  have  been  offered  to  the  public,  concern- 
ing the  legal  power  of  the  parliament,  ^  that  it  has 
"  always  exercised  the  power  of  imposing  duties 
"  for  the  purposes  of  raising  a  revenue  on  the  pro- 
4>  ductions  of  these  colonies  carried  to  Great-Brit- 
"  aiu,  which  may  be  called  a  tax  on  them."  To- 
this  objection  I  answer,  that  this  is  no  violation  of 
the  rights  of  the  colonies,  it  being  implied  in  the 
relation  between  them  and  Great-Britain,  that  they 
should  not  carry  such  commodities  to  other  nati- 
ons, as  should  enable  them  to  interfere  with  the  mo- 
ther country.  The  imposition  of  duties  on  these 
commodities,  when  brought  to  her,  is  only  a  conse- 
quence of  her  parental  right ;  and  if  the  point  is 
thoroughly  examined,  the  duties  will  be  found  to  be 
laid  on  the  people  of  the  mother  country.  What- 
ever they  are,  they  must  proportionably  raise  the 
price  of  the  goods,  and  consequently  must  be  paid 
by  the  consumers.  In  this  light  they  were  consi- 
dered by  the  parliament  in  the  25th  Charles  II. 
chap.  7.  sect.  2.  which  says,  that  the  productions 
vf  the  plantations  were  carried  from  one  to  another- 


free  from  all  customs,  "  while  the  subjects  of  this 
44  your  kingdom  of  England  have  paid  great  cus~ 
44  toms  and  impositions  for  ipbat  of  them  have 
"  been  spent  here"  &c. 

BESIDES,  if  Great-Britain  exports  these  com- 
modities again,  the  duties  will*  injure  her  o\vn  trade, 
so  that  she  cannot  hurt  us,  without  plainly,  and 
immediately  hurting  herself;  and  this  is  our 
check  against  her  acting  arbitrarily  in  this  respect. 

*  IT  may  be  perhaps  further  objected,  44  that  it 
"  being  granted  that  statutes  made  for  regulating 


*  If  any  one  should  observe  that  no  opposition  has  been  made  to  the  legal- 
ity of  the  4th  George  III.  chap.  15.  which  is  thcjirst  act  of  parliament  that 
ever  imposed  duties  on  the  importations  into  America,  for  the  expressed  purpose 
of  raising  a  revenue  there;  I  answer — First,  that  though  the  act  expressly 
mentions  the  raising  a  revenue  in  America,  yet  it  seems  that  it  had  as  much  in 
view  the  '*  improving  and  securing  the  trade  between  the  same  and  Great- 
Britain?'  which  words  are  part  of  its  title  :  and  the  preamble  says,  "  Where- 
as it  is  expedient  that  new  provisions  and  regulations  should  be  established  for 
improving  the  revenue  of  this  kingdom,  and/cr  extending  and  securing  tie  navi- 
gation and  commerce  between  Great-Eritain  and  year  mejetty't  dominions  in  America, 
which  by  the  peace  have  been  so  happily  extended  and  enlarged,"  &c.  Se- 
condly, all  the  duties  mentiencd  in  that  act,  arc  imposed  solely  on  the  productions 
und  manufactures  of  foreign  countries,  and  not  a  single  duty  laid  on  any  producti- 
on or  manufacture  of  our  mother  country.  Thirdly,  the  authority  of  the 
provincial  assemblies  is  not  therein  so  plainly  attaded  as  by  the  last  act,  which 
makes  provision  for  defraying  the  charges  of  the  "  administration  of  justice,'' 
and  the  "  support  of  civil  government."  Fourthly,  that  it  being  doubtful > 
whether  the  intention  of  the  4th  Gearys  III.  chap.  15.  was  not  as  much  to  regu- 
Itlz  trad:,  as  to  raise  a  revenue,  the  minds  of  the  people  here  were  wholly  ert- 


(      197       ) 

"  trade,  are  binding  upon  us,  it  will  be  difficult 
<;  for  any  persons,  but  the  makers  of  the  laws,  to 
u  determine  which  of  them  are  made  for  the  regu- 
"  lating  of  trade,  and  which  for  raising  a  revenue  ; 
'*<•  and  that  from  hence  may  arise  confusion." 

To  this  I  answer,  that  the  objection  is  of  no  force 
in  the  present  case,  or  such  as  resemble  it ;  because 
the  act  now  in  question,  is  formed  expressly  "  for 
^  the  sole  purpose  of  raising  a  revenue" 

HOWEVER,  supposing  the  design  of  parliament 
had  not  been  expressed,  the  objection  seems  to  me 
of  no  weight,  with  regard  to  the  influence  which 
those  who  may  make  it,  might  expect  it  ought  to 
have  on  the  conduct  of  these  colonies. 

IT  is  true,  that  Impositions  for  raising  a  revenue •, 
may  be  hereafter  called  regulations  of  trade  ;  but 
names  will  not  change  the  nature  of  things.  In- 


grossed  by  the  terror  of  the  stamp-act ;  then  impending  over  them,  about  the  in- 
tention of  which  there  could  be  no  doubt» 

These  reasons  so  far  distinguish  the  4th  George  III.  chap.  15.  from  the  last 
act,  that  it  is  not  to  be  wondered  at,  that  the  first  should  have  been  submitted 
to,  though  the  last  should  excite  the  most  universal  and  spirited  opposition. 
For  this  will  be  found,  on  the  strictest  examination,  to  be,  in  the  principle  on 
which  it  is  founded,  and  in  the  consequences  that  must  attend  it,  if  possible, 
more  destructive  than  the  stamp-act.  It  is,  to  speak  plainly,  a  prodigy  in 
«ur  laws ;  not  having  one  British  feature. 


(       J9S      ) 

deed  we  ought  firmly  to  believe,  what  is  an  un-, 
doubted  truth,  confirmed  by  the  unhappy  expe7 
rience  of  many  states  heretofore  free,  that  unless  the 
most  watchful  attention  be  exerted,  a  new  servi- 
tude may  be  slipped  upon  us,  under  the  sanction  of 
usual  and  respectable  terms. 

THUS  the  Cxsars  ruined  the  Raman  liberty, 
under  the  titles  of  tribunicial  and  dictatorial  au- 
thorities  old  and  venerable  dignities  known  in 

the  most  flourishing  times  of  freedom.  In  imitati- 
on of  the  same  policy,  James  II.  when  he  meant 
to  establish  popery,  talked  of  liberty  of  conscience, 
the  most  sacred  of  all  liberties ;  and  had  thereby 
almost  deceived  the  dissenters  into  destruction. 

ALL  artful  rulers  who  strive  to  extend  their  pow- 
er beyond  its  just  limits,  endeavour  to  give  to  their 
attempts  as  much  semblance  of  legality  as  possible. 
Those  who  succeed  them  may  venture  to  go  a  lit- 
tle further  ;  for  each  new  encroachment  will  be 
strengthened  by  a  former.  "  That  which  is  now 
"  supported  by  examples,  growing  old,  will  be-. 
"  come  an  example  itself,*"  and  thus  support 
fresh  usurpations. 

A  TREE  people  therefore  can  never  be  too  quick 
in  observing,  nor  too  firm  in  opposing  the  begin. 

*  Tacitus. 


nings  of  alteration  either  in  form  or  reality,  re- 
specting institutions  formed  for  their  security.  The 
first  kind  of  alteration  leads  to  the  last ;  yet,  on 
the  other  hand,  nothing  is  more  certain,  than  that 
the  forms  of  liberty  may  be  retained,  when  the  sub- 
stance is  gone.  In  government,  as  well  as  in  re- 
ligion, "  the  letter  killeth,  but  the  spirit  giveth 
life."  t 

I  WILL  beg  leave  to  inforce  this  remark  by  a 
few  instances.  The  crown,  by  the  constitution, 
has  the  prerogative  of  creating  peers.  The  exist- 
ence of  that  order,  in  due  number  and  dignity,  is 
essential  to  the  constitution ;  and  if  the  crown  did 
not  exercise  that  prerogative,  the  peerage  must 
have  long  since  decreased  so  much  as  to  have  lost 
its  proper  influence.  Suppose  a  prince,  for  some 
unjust  purposes,  should  from  time  to  time,  advance 
so  many  needy,  profligate  wretches  to  that  rank, 
that  all  the  independence  of  the  house  of  lords 
should  be  destroyed  ?  there  would  then  be  a  mani- 
fest violation  of  the  constitution,  under  the  appear- 
ance of  using  legal  prerogative. 

THE  house  of  commons  claims  the  privilege  of 
forming  all  money  bills,  and  will  not  suffer  either 
of  the  other  branches  of  the  legislature  to  add  to, 

l  Cor.  iii,  6 


(        200         ) 

br  alter  them  ;  contending  that  their  power  simply 
extends  to  an  acceptance  or  rejection  of  them. 
This  privilege  appears  to  be  just :  but  under  pre- 
tence of  this  just  privilege,  the  house  of  commons 
has  claimed  a  license  of  tacking  to  money  bills, 
clauses  relating  to  things  of  a  totally  different  kind, 
and  thus  forcing  them  in  a  manner  on  the  king  and 
lords.  This  seems  to  be  an  abuse  of  that  privi- 
lege, and  it  may  be  vastly  more  abused.  Suppose 
a  future  house,  influenced  by  some  displaced,  dis- 
contented demagogues,  in  a  time  of  danger,  should 
tack  to  a  money  bill,  something  so  injurious  to 
the  king  and  peers,  that  they  would  not  assent  to 
it,  and  yet  the  commons  should  obstinately  insist 
on  it ;  the  whole  kingdom  would  be  exposed  to 
ruin  by  them,  under  the  appearance  of  maintain- 
ing a  valuable  privilege. 

IN  these  cases  it  might  be  difficult  for  a  while  to 
determine,  whether  the  king  intended  to  exercise 
his  prerogative  in  a  constitutional  manner  or  not ; 
or  whether  the  commons  insisted  on  their  demand 
factiously,  or  for  the  public  good  :  but  surely  the 
conduct  of  the  crown,  or  of  the  house,  would  in 
time  sufficiently  explain  itself. 

OUGHT  not  the  people  therefore  to  watch?  to 
observe  facts  ?  to  search  into  causes  ?  to  investi- 
gate designs  ?  And  have  they  not  a  right  of  judg- 


ing  from  the  evidence  before  them,  on  no  slighter 
points  than  their  liberty  and  happiness  ?  It  would  be 
less  than  trifling,  wherever  a  British  government 
is  established,  to  make  use  of  any  arguments-  to 
prove  such  a  right.  It  is  sufficient  to  remind  the 
reader  of  the  day,  on  the  anniversary  of  which  tho 
first  of  these  letters  is  dated. 

.  I  w  i  L  L  now  apply  what  has  been  said,  to  the  pre- 
sent question, 

THE  nature  of  any  impositions  laid  by  par- 
liament on  these  colonies,  must  determine  the  dc- 
sign  in  laying  them.  It  may  not  be  easy  in  every 
instance  to  discover  that  design.  Wherever  it  is 
doubtful,  I  think  submission  cannot  be  dangerous  : 
nay,  it  must  be  right ;  for,  in*  my  opinion,  there  is 
no  privilege  these  colonies  claim,  which  they  ought 
in  duty  and  prudence  more  earnestly  to  maintain 
and  defend,  than  the  authority  of  the  British  par- 
liament to  regulate  the  trade  of  all  her  dominions  * 
Without  this  authority,  the  benefits  she  enjoys 
from  our  commerce,  must  be  lost  to  her  :  the  bless- 
ings we  enjoy  from  our  dependence  upon  her, 
must  be  lost  to  us.  Her  strength  must  decay  ;  her 
glory  vanish ;  and  she  cannot  suffer  without  our 

partaking  in  her  misfortune. Let  us  therefore 

cherish  her  interests  as  our  own,  and  give  her  eve- 

VOL.  i.  2  B 


ry  thing  that  h  becomes  freemen  to  give  or  to  re- 
ceive. 

THE  nature  of  any  impositions  she  may  lay  upon 
us  may,  in  general,  be  known,  by  considering  how 
far  they  relate  to  the  preserving,  in  due  order,  the 
connection  between  the  several  parts  of  the  British 
empire.  One  thing  we  may  be  assured  of,  which  is 
this — — ^whenever  she  imposes  duties  on  commo- 
dities, to  be  paid  only  upon  their  exportation  from 
Great-Britain  to  these  colonies,  it  is  not  a  regulati- 
on of  trade,  but  a  design  to  raise  a  revenue  upon 
us.  Other  instances  may  happen,  which  it  may 
not  be  necessary  at  present  to  dwell  on.  I  hope 
these  colonies  will  never,  to  their  latest  existence, 
want  understanding  sufficient  to  discover  the  inten- 
tions of  those  who  rule  over  them,  nor  the  resolution 
necessary  for  asserting  their  interests.  They  will 
always  have  the  same  rights,  that  all  free  states 
have,  of  judging  when  their  privileges  are  invaded, 
and  of  using  ail  prudent  measures  for  preserving 
them. 

^uo  circa  v iv ite  fortes^ 
Fortiaque  adversis  opponitc  pectora  rebus. 
Wherefore  keep  up  your  spirits,  and  gallantly 
oppose  this  adverse  course  of  affairs. 

A  FARMER, 


(      203      ) 


LETTER 


taY  DEAR  COUNTRYMEN, 

1  HIS  letter  is  intended  more  particularly  fcf 
such  of  you,  whose  employments  in  life  may  have 
prevented  your  attending  to  the  consideration  of 
some  points  that  are  of  great  and  public  import- 
ance :  for  many  such  persons  there  must  be  even 
in  these  colonies,  where  the  inhabitants  in  general 
are  more  intelligent  than  any  other  people  what- 
ever, as  has  been  remarked  by  strangers,  and  it 
seems  with  reason* 

SOME  of  you,  perhaps,  filled,  as  I  know  your 
breasts  are,  with  loyalty  to  our  most  excellent 
prince,  and  with  love  to  our  dear  mother  country, 
may  feel  yourselves  inclined,  by  the  affections  of 
your  hearts,  to  approve  every  action  of  those  whom 
you  so  much  venerate  and  esteem*  A  prejudice 
thus  flowing  from  goodness  of  disposition,  is  amia- 
ble indeed,  I  wish  it  could  be  indulged  without 
danger.  Did  I  think  this  possible,  the  error  should 
have  been  adopted,  and  not  opposed  by  me.  But 
in  truth,  all  men  are  subject  to  the  frailties  of  na- 
ture ;  and  therefore  whatever  regard  we  entertain 
fjr  t!i2  persons  oF  those  who  govern  us,  we  should 


(     204      ) 

always  remember   that   their   conduct,  as   rulers^ 
may  be  influenced  by  human  infirmities. 

WHEN  any  laws,  injurious  to  these  colonies,  are 
passed,  wre  cannot  suppose,  that  any  injury  was 
intended  us  by  his  majesty,  or  the  lords.  For  the 
assent  of  the  crown  and  peers  to  law^s,  seems,  as  far 
as  I  am  able  to  judge,  to  have  been  vested  in  them, 
more  for  their  own  security,  than  for  any  other 
purpose.  On  the  other  hand,  it  is  the  particular 
business  of  the  people,  to  inquire  and  discover 
what  regulations  are  useful  for  themselves,  and  to 
digest  and  present  them  in  the  form  of  bills,  to  the 
other  orders,  to  have  them  enacted  into  laws. 
Where  these  laws  are  to  bind  themselves,  it  may 
be  expected,  that  the  house  of  commons  will  very 
carefully  consider  them  :  but  when  they  are  mak- 
ing laws  that  are  not  designed  to  bind  themselves , 
we  cannot  imagine  that  their  deliberations  will  be 
cautious  and  scrupulous,  as  in  their  ow7n  case. 


*  Many  remarkable  instances  might  be  produced  of  the  extraordinary  inac- 
tention  with  which  bills  of  great  importance,  concerning  these  colonies,  have 
passed  in  parliament ;  which  is  owing,  as  it  is  supposed,  to  the  bills  being 
brought  in  by  the  persons  who  have  points  to  carry,  so  artfully  framed,  that 
it  is  not  easy  for  the  members  in  general,  in  the  haste  of  business,  to  discover 
their  tendency. 

The  following  instances  shew  the  truth  of  this  remark.  When  mr.  Gren- 
t/illej  in  the  violence  of  reformation,  formed  the  4th  of  George  III.  chap.  IJth. 
fcr  regulating  the  American  trade,  the  word  "  Ireland'"  was  dropt  in  the  clause 


I  AM  told,  that  there  is  a  wonderful  address  frc^- 
quently  used  in  carrying  points  in  the  house  of 
commons,  by  persons  experienced  in  these  affairs. 
— That  opportunities  are  watched — and  sometimes 


relating  to  our  iron  and  him  ber,  so  that  we  could  send  these  articles  to  no 
part  of  Europe,  but  to  Great-Britain.  This  was  so  unreasonable  a  restriction, 
and  so  contrary  to  the  sentiments  of  the  legislature  for  many  years  before, 
that  it  is  surprising  it  should  not  have  been  taken  notice  of  in.  the  house. 
However  the  bill  passed  into  a  law.  But  when  the  matter  was  explained, 
this  restriction  was  taken  off  by  a  subsequent  act.  I  cannot  positively  say 
how  long  after  the  taking  off  this  restriction,  as  I  have  not  the  act,  but  I 
think,  in  less  than  eighteen  months,  another  act  of  parliament  passed,  in 
which  the  word  "  Ireland"  was  left  out,  just  as  it  had  been  before.  The 
matter  being  a  second  time  explained,  was  a  second  time  regulated. 

Now  if  it  be  considered,  that  the  omission  mentioned  struck  off  with  ens 
word  so  very  great  a  part  of  our  trade,  it  must  appear  remarkable  ;  and  equally 
so  is  the  method,  by  which  rice  became  an  enumerated  commodity. 

"  The  enumeration  was  obtained  (says  mr.  [a~\  Gee}  by  one  Colt,  a  captain 
of  a  ship,  employed  by  a  company  then  trading  to  Carolina :  for  several  ships 
goinp  from  England  thither,  and  purchasing  rice  for  Portugal,  prevented  the 
nfor; said  captain  of  a  loading.  Upon  his  coming  home,  ha  possessed  one  mr. 
JLoivnJes,  a  member  of  parliament  (ivho  "was  very  frequently  employed  to  prepare 
bills)  with  an  opinion,  that  carrying  rice  directly  to  Portugal,  was  a  prejudice 
to  the  trade  of  England,  and  privately  got  a  clause  into  an  act,  to  make  it  am 
enumerated  commodity  ;  ly  which  means  he  secured  a  freight  to  himself.  But  the 
donsequence  proved  a  vast  loss  to  the  nation." 

I  find  that  this  clause,  "privately  got  into  an  zct"  for  the  benefit  of  captain  Colet 
to  the  "  vast  loss  of  the  nation"  is  foisted  into  the  3d  and  4th  Anne,  chap,  fth, 
intituled,  "  An  act  for  granting  to  her  majesty  a  further  subsidy  on  wines  and 
merchandizes  imported,"  with  which  it  has  no  more  connection,  than  with 
34th  Edward  I.  the  34th  and  35th  of  Henry  VIII.  and  the  ajth  of  Charles  II. 
tcbifb  prtvide,  that  no  person  shall  it  taxed  but  ly  himself  or  hh  representative. 
[«]  Gee  on  trade,  page  33. 


(       206        ) 

votes  are  passed,  that  if  all  the  members  had  been 
present,  would  have  been  rejected  by  a  great  majo- 
rity. Certain  it  is,  that  when  a  powerful  and  artful 
man  has  determined  on  any  measure  against  these 
colonies,  he  has  always  succeeded  in  his  attempt. 
Perhaps  therefore  it  will  be  proper  for  us,  whenever 
any  oppressive  act  affecting  us  is  passed,  to  attri- 
bute it  to  the  inattention  of  the  members  of  the 
house  of  commons,  and  to  the  malevolence  or  am- 
bition of  some  factious  great  man,  rather  than  to 
any  other  cause. 

Now  I  do    verily  believe,   that  the  late  act  of 

j 

parliament,  imposing  duties  on  paper,  fcfc.  was 
formed  by  mr.  Grermille,  and  his  party,  because  it 
is  evidently  a  part  of  that  plan,  by  which  he  endea- 
voured to  render  himself  popular  at  home  ;  and  I 
do  also  believe,  that  not  one  half  of  the  members 
of  the  house  of  commons,  even  of  those  who  heard 
it  read,  did  perceive  how  destructive  it  was  to  Ame- 
rican freedom.  For  this  reason,  as  it  is  usual  in 
Great- Britain,  to  consider  the  king's  speech  as  the 
speech  of  the  ministry,  it  may  be  right  here  to  con- 
sider this  act  as  the  act  of  a  party,  perhaps  I  should 
speak  more  properly,  if  I  was  to  use  another  term. 

THERE  are  two  ways  of  laying  taxes.  One  is, 
by  imposing  a  certain  sum  on  particular  kinds  of 
property,  to  be  paid  by  the  user  or  consumer,  or 


by  rating  the  person  at  a  certain  sum.  The  other 
is,  by  imposing  a  certain  sum  on  particular  kinds 
of  property,  to  be  paid  by  the  seller. 

WHEN  a  man  pays  the  first  sort  of  tax,  he  knows 
with  certainty  that  he  pays  so  much  money  for  a 
tax.  The  consideration  for  which  he  pays  it,  is 
remote,  and,  it  may  be,  does  not  occur  to  him. 
He  is  sensible  too,  that  he  is  commanded  and  oblig- 
ed to  pay  it  as  a  tax  ;  and  therefore  people  are  apt 
to  be  displeased  with  this  sort  of  tax. 

THE  other  sort  of  tax  is  submitted  to  in  a  very 
different  manner.  The  purchaser  of  any  article, 
very  seldom  reflects  that  the  seller  raises  his  price, 
so  as  to  indemnify  himself  for  the  tax  he  has  paid. 
He  knows  that  the  prices  of  things  are  continually 
fluctuating,  and  if  he  thinks  about  the  tax,  he 
thinks  at  the  same  time,  that  he  might  have  paid 
as  much,  if  the  article  he  buys  had  not  been  taxed. 
He  gets  something  visible  and  agreeable  for  his 
money ;  and  tax  and  price  are  so  confounded  toge- 
ther, that  he  cannot  separate,  or  does  not  choose  to 
take  the  trouble  of  separating  them. 

THIS  mode  of  taxation  therefore  is  the  mode 
suited  to  arbitrary  and  oppressive  governments. 
— The  love  of  liberty  is  so  natural  to  the  human 
iieart,  that  unfeeling  tyrants  think  themselves  oblig- 


(        203        ) 

ed  to  accommodate  their  schemes  as  much  as  they 
can  to  the  appearance  of  justice  and  reason,  and  to 
deceive  those  whom  they  resolve  to  destroy,  or  op- 
press, by  presenting  to  them  a  miserable  picture  of 
freedom,  when  the  inestimable  original  is  lost. 

THIS  policy  did  not  escape  the  cruel  and  rapacious 
Nero.  That  monster,  apprehensive  that  his  crimes 
might  endanger  his  authority  and  life,  thought  pro- 
per to  do  some  popular  acts,  to  secure  the  obedi- 
ence of  his  subjects.  Among  other  things,  says. 
Tacitus,  "  he  remitted  the  twenty-fifth  part  of  the 
*•*  price  on  the  sale  of  slaves,  but  rather  in  sbc-w 
"  than  reality  ;  for  the  seller  being  ordered  to  pay- 
"  it,  it  became  part  of  the  price  to  the  buyer."* 

THIS  is  the  reflection  of  the  judicious  historian; 
but  the  deluded  people  gave  their  infamous  emperor 
full  credit  for  his  false  generosity.  Other  nations 
have  been  treated  in  the  same  manner  the  Romans 
were.  The  honest,  industrious  Germans,  who  are 
settled  in  different  parts  of  this  continent,  can  in- 
form us,  that  it  was  this  sort  of  tax  that  drove  them 
from  their  native  land  to  our  woods,  at  that  time 
the  seats  of  perfect  and  undisturbed  freedom. 

TKEIR  princes,  inflamed  by  the  lust  of  power, 
and  the  lust  of  avarice,  two  furies  that  the  more 

*  Taiituis  Ann.  book  13.  sect.  31. 


(      209      ) 

they  are  gorged,  the  more  hungry  they  grow,  trans- 
gressed the  bounds  they  ought,  in  regard  to  them- 
selves, to  have  observed.  To  keep  up  the  decep- 
tion in  the  minds  of  subjects,  "  there  must  be," 
says  a  very  learned  author,!  "  some  proportion 
between  the  impost  and  the  value  of  the  commo- 
dity ;  wherefore  there  ought  not  to  be  an  excessive 
duty  upon  merchandizes  of  little  value.  There  are 
countries  in  which  the  duty  exceeds  seventeen  or 

eighteen  times  the  value  of  the  commodity. In 

this  case  the  prince  removes  the  illusion.  His  sub- 
jects plainly  see  they  are  dealt  with  in  an  unreason- 
able manner,  which  renders  them  most  exquisitely 
sensible  of  their  slavish  situation."  From  hence 
it  appears,  that  subjects  may  be  ground  down  into 
misery  by  this  sort  of  taxation,  as  well  as  by  the 
former.  They  will  be  as  much  impoverished,  if 
their  money  is  taken  from  them  in  this  way,  as  in 
the  other  ;  and  that  it  will  be  taken,  may  be  more 
evident,  by  attending  to  a  few  more  considerations, 

THE  merchant  or  importer  who  pays  the  duty 
at  first,  will  not  consent  to  be  so  much  money  out 
of  pocket.  He  therefore  proportionably  raises  the 
price  of  his  goods-  It  may  then  be  said  to  be  a 
contest  between  him  and  the  person  offering  to  buy, 
who  shall  lose  the  duty.  This  must  be  decided 

f  Montesquieu's  Spirit  of  Laws,  book  13,  chap.  8, 

VOL,  i.  2  C 


by  the  nature  of  the  commodities,  and  the  purcha- 
ser's demand  for  them.  If  they  are  mere  luxuries, 
he  is  at  liberty  to  do  as  he  pleases,  and  if  he  buys, 
he  does  it  voluntarily  :  but  if  they  are  absolute  ne~ 
cessaries,  or  con*Qcniencie$,  which  use  and  custom 
have  made  requisite  for  the  comfort  of  life,  and 
which  he  is  not  permitted,  by  the  power  imposing 
the  duty,  to  get  elsewhere,  there  the  seller  has  a  plain 
advantage,  and  the  buyer  must  pay  the  duty.  In 
fact,  the  seller  is  nothing  less  than  a  collector  of 
the  tax  for  the  power  that  imposed  it.  If  these  du- 
ties then  are  extended  to  the  necessaries  and  con- 
veniencies  of  life  in  general,  and  enormously  in- 
creased,  the  people  must  at  length  become  indeed 
"  most  exquisitely  sensible  of  their  slavish  situati^ 
"  on."  Their  happiness  therefore  entirely  depends 
on  the  moderation  of  those  who  have  authority  to 
impose  the  duties, 

I  SHALL  now  apply  these  observations  to  the  late 
act  of  parliament.  Certain  duties  are  thereby  im- 
posed on  paper  and  glass,  imported  into  these  co- 
lonies. By  the  laws  of  Great-Britain  we  are  pro- 
hibited to  get  these  articles  from  any  other  part  of 
the  world.  We  cannot  at  present,  nor  for  many 
years  to  come,  though  we  should  apply  ourselves 
to  these  manufactures  with  the  utmost  industry, 
make  enough  ourselves  for  our  own  use.  That 
paper  and  glass  are  not  only  convenient,  but  abso-. 


lately  necessary  for  us,  I  imagine  very  few  will 
contend.  Some  perhaps,  who  think  mankind  grew 
wicked  and  luxurious,  as  soon  as  they  found  out 
another  way  of  communicating  their  sentiments  than 
by  speech,  and  another  way  of  dwelling  than  in 
caves,  may  advance  so  whimsical  an  opinion.  But 
I  presume  no  body  will  take  the  unnecessary  trou- 
ble of  refuting  them. 

FROM  these  remarks  I  think  it  evident,  that  we 
must  use  paper  and  glass  ;  that  what  we  use,  must 
be  British  ;  and  that  we  must  pay  the  duties  im- 
posed, unless  those  who  sell  these  articles,  are  so 
generous  as  to  make  us  presents  of  the  duties  they 
pay. 

SOME  persons  may  think  this  act  of  no  conse- 
quence, because  the  duties  are  so  small.  A  fatal 
error.  That  is  the  very  circumstance  most  alarm- 
ing to  me.  For  I  am  convinced,  that  the  authors 
of  this  law  would  never  have  obtained  an  act  to 
raise  so  trifling  a  sum  as  it  must  do,  had  they  not 
intended  by  it  to  establish  a  precedent  for  future 
use.  To  console  ourselves  with  the  smallness  of 
the  duties,  is  to  walk  deliberately  into  the  snare 
that  is  set  for  us,  praising  the  neatness  of  the  work- 
manship. Suppose  the  duties  imposed  by  the  late 
act  could  be  paid  by  these  distressed  colonies  with 
the  utmost  ease,  and  that  the  purposes  to  which 


(         212        ) 

they  are  to  be  applied,  were  the  most  reasonable 
and  equitable  that  can  be  conceived,  the  contrary 
of  which  I  hope  to  demonstrate  before  these  letters 
are  concluded  ;  yet  even  in  such  a  supposed  case, 
these  colonies  ought  to  regard  the  act  with  abhor- 
rence, for  who  are  a  free  people  ?  Not  those, 
over  whom  government  is  reasonably  and  equita- 
bly exercised,  but  those,  who  live  under  a  govern- 
ment so  constitutionally  checked  and  confronted, 
that  proper  provision  is  made  against  its  being 
otherwise  exercised. 

THE  late  act  is  founded  on  the  destruction  of  this 
constitutional  security.  If  the  parliament  have  a 
right  to  lay  a  duty  of  four  shillings  and  eight-pence 
on  a  hundred  weight  of  glass,  or  a  ream  of  paper, 
they  have  a  right  to  lay  a  duty  of  any  other  sum  on 
either.  They  may  raise  the  duty,  as  the  author 
before  quoted  says  has  been  done  in  some  coun- 
tries, till  it  "  exceeds  seventeen  or  eighteen  times 
"  the  value  of  the  commodity."  In  short,  if  they 
have  a  right  to  levy  a  tax  of  one  penny  upon  us, 
they  have  a  right  to  levy  a  million  upon  us  :  for 
where  does  their  right  stop  ?  At  any  given  number 
of  pence,  shillings  or  pounds  ?  To  attempt  to  limit 
their  right,  after  granting  it  to  exist  at  all,  is  as 
contrary  to  reason — as  granting  it  to  exist  at  all,  is 
contrary  to  justice.  If  they  have  any  right  to  tax  us 
— then,  whether  our  own  money  shall  continue  in 


(         213        ) 

our  own  pockets  or  not,  depends  no  longer  on  z/s, 
but  on  them.  "  There  is  nothing  which"  we  can 
call  our  own  ;  or,  to  use  the  words  of  mr.  Locke — 
44  what  property  have  we  in  that,  which  another 
44  may,  by  right,  take,  when  he  pleases,  to  him- 
4-  self?"* 

THESE  duties,  which  will  inevitably  be  levied 

upon  us which  are  now  levying  upon  us 

are  expressly  laid  for  the  sole  purpose  of  taking 
money.  This  is  the  true  definition  of  44  taxes." 
They  are  therefore  taxes.  This  money  is  to  be 
taken  from  us.  We  are  therefore  taxed.  Those 
who  are  taxed  without  their  own  consent,  express- 
ed by  themselves  or  their  representatives,  are 
slaves.  We  are  taxed  without  our  own  consent, 
expressed  by  ourselves  or  our  representatives.  We 
are  therefore SLAVES,  f 

Miserabile  vulgus. 
A  miserable  tribe. 

A  FARMER. 


*  Lord  Camdens  speech. 

f  "  It  is  my  opinion,  that  this  kingdom  has  no  right  to  lay  a  tax  upon  the 
Colonies." — "  The  Americans  are  the  sons,  not  the  bastards  of  England" — "  The 
distinction  between  legislation  and  taxation  is  essentially  necessary  to  liberty."— 
"  The  commons  of  America,  represented  in  their  several  assemblies,  have  ever 
been  in  possession  of  this  their  constitutional  right,  of  giving  and  granting  tbeir 
fitvn  money.  They  would  have  been  slaves,  if  they  had  not  enjoyed  it." — "  The 


(        214        ) 

LETTER    71IL 


MY  DEAR  COUNTRYMEN, 


IN  my  opinion,  a  dangerous  example  is  set  in 
the  last  act  relating  to  these  colonies.  The  power 
of  parliament  to  levy  money  upon  us  for  raising  a 


idea  of  a  virtual  representation  of  America  in  this  house,  is  the  most  contempti- 
ble idea,  that  ever  entered  into  the  head  of  man. — It  does  not  deserve  a  seri- 
ous refutation."  Mr.  PITT'S  speed  on  the  stamp-act. 

That  great  and  excellent  man,  lord  Camden,  maintains  the  same  opinion^ 
His  speech  in  the  house  of  peers,  on  the  declaratory  bill  of  the  sovereignty  of 
Great-Britain  over  the  colonies,  has  lately  appeared  in  our  papers.  The  fol- 
lowing extracts  so  perfectly  agree  with,  and  confirm  the  sentiments  avowed 
in  these  letters,  that  it  is  hoped  the  inserting  them  in  this  note  will  be  ex- 
cused. 

"  As  the  affair  is  of  the  utmost  importance,  and  in  its  consequences  may  in- 
volve the  fate  of  kingdoms,  I  took  the  strictest  review  of  my  arguments  ;  I  re- 
examined  all  my  authorities ;  fully  determined,  if  I  found  myself  mistaken, 
publicly  to  own  my  mistake,  and  give  up  my  opinion  :  but  my  searches  have 
more  and  more  convinced  rue,  that  the  British  parliament  have  "  no  rigbt  to 
tax"  the  Americans ." — "  Nor  is  the  doctrine  new  ;  it  is  as  old  as  the  constitu- 
tion ;  it  grew  up  with  it ;  indeed  it  is  its  support." — "  Taxation  and  representa- 
tion are  inseparably  united.  GOD  hath  joined  them  :  no  British  parliament 
can  separate  them  :  to  endeavour  to  do  it,  is  to  stab  our  vitals." 

"  My  position  is  this — I  repeat  it — I  will  maintain  it  to  my  last  hour — 
taxation  and  representation  are  inseparable — this  position  is  founded  on  the  laws 
of  nature  ;  it  is  more,  it  is  itself  an  eternal  laiu  of  nature ;  for  whatever  is  a 
man's  own,  is  absolutely  his  own  ;  no  man  hath  a  right  to  take  it  from  him  without 
bit  consent,  either  expressed  by  himself  or  representative  ;  whoever  attempts  to  da 


C    215    ) 

a  revenue,  is  therein  avowed  and  exerted.  Regard- 
ing the  act  upon  this  single  principle,  I  must  again 
repeat,  and  I  think  it  my  duty  to  repeat,  that  to  me 
it  appears  to  be  unconstitutional. 

No  man,  who  considers  the  conduct  of  the  parli- 
ament since  the  repeal  of  the  stamp-act,  and  the 
disposition  of  many  people  at  home,  can  doubt, 
that  the  chief  object  of  attention  there,  is,  to  use 
mr.  Grenville's  expression,  "providing  that  the 


itf  attempts  an  Injury  ;  ivhoever  does  it,  commits  a  robbery  ;  lie  throws  doivn  tie  disttnc* 

tlon  between  liberty  and  slavery," "  There  is  not  a  blade  of  grass,   in  the  most 

obscure  corner  of  the  kingdom,  which  is  not,  which  was  not  ever  represented, 
since  the  constitution  began  :  there  is  not  a  blade  of  grass,  which,  when  taxed, 
•was  not  taxed  by  the  consent  of  the  proprietor"  "  The  forefathers  of  the  American! 
did  not  leave  their  native  country,  and  subject  themselves  to  every  danger  and 
distress,  to  be  reduced  to  a  state  of  slavery.  They  did  not  give  up  their  rights: 
they  looked  for  protection,  and  not  for  chains,  from  their  mother  country. 
By  her  they  expected  to  be  defended  in  the  possession  of  their  property,  and 
not  to  be  deprived  of  it :  for  should  the  present  power  continue,  tb^re  is  nothing 
which  they  can  call  their  oivn  ;  or,  to  use  the  words  of  mr.  Locke,  "  "what  prspe rty 
have  they  in  that,  -which  another  may,  by  right,  take,  when  he  pleases,  to  himself?" 

It  is  impossible  to  read  this  speech,  and  mr.  Pitt's,  and  not  be  charmed  with 
the  generous  zeal  for  the  rights  of  mankind  that  glows  in  every  sentence. 
These  great  and  good  men,  animated  by  the  subject  they  speak  upon,  seem 
to  rise  above  all  the  former  glorious  exertions  of  their  abilities.  A  foreigner 
might  be  tempted  to  think  they  are  Americans,  asserting,  with  all  the  ardour 
of  patriotism,  and  all  the  anxiety  of  apprehension,  the  cause  of  their  native 
land — and  not  Britons,  striving  to  stop  their  mistaken  countrymen  from  op- 
pressing others.  Their  reasoning  is  not  only  just— it  is,  as  mr.  Hum  says  of 

the  eloquence  of  Demosthenes,  "  vehement."     It  is  disdain,   anger,   boldness, 

freedom,  involved  in  a  continual  stream  of  argument. 


(      2,6     ) 

dependence  and  obedience  of  the  colonies  be  assert- 
ed and  maintained." 

UNDER  the  influence  of  this  notion,  instantly  on 
repealing  the  stamp-act,  an  act  passed  declaring  the 
power  of  parliament  to  bind  these  colonies  in  all 
cases  whatever.     This  however  was  only  planting 
a  barren  tree,  that  cast  a  shade  indeed  over  the  co- 
lonies, but  yielded  no  fruit.     It  being  determined 
to  inforce  the  authority  on  which  the  stamp- act 
was  founded,  the  parliament  having  never  renoun- 
ced the  right,  as  mr.  Pitt  advised  them  to  do;  and 
it  being  thought  proper  to  disguise  that  authority 
in  such  a  manner,  as  not  again  to  alarm  the  colonies; 
some  little  time  was  required  to  find  a  method  by 
which  both  these  points  should  be  united.     At  last 
the  ingenuity  of  mr.  Grenville  and  his  party  ac- 
complished the  matter,  as  it  was  thought,  in  u  an 
"  act  for  granting  certain  duties  in  the  British  co- 
"  lonies  and  plantations  in  America,  for  allowing 
"  drawbacks,"   &c.  which  is   the  title  of  the  act 
laying  duties  on  paper,  &c. 

THE  parliament  having  several  times  before  im^ 
posed  duties  to  be  paid  in  America,  it  was  expect- 
ed, no  doubt,  that  the  repetition  of  such  a  measure 
would  be  passed  over,  as  an  usual  thing.  But  to 
have  done  this,  without  expressly  "asserting  and 
"  maintaining"  the  power  of  parliament  to  take 


our  money  without  our  consent,  and  to  apply  it  as 
they  please,  would  not  have  been,  in  mr.  Gren- 
vi/le's  opinion,  sufficiently  declarative  of  its  supre- 
macy, nor  sufficiently  depressive  of  American  free- 
dom. 

THEREFORE  it  is,  that  in  this  memorable  act  we 
find  it  expressly  "  provided, "  that  money  shall  be 
levied  upon  us  without  our  consent,  for  purposes, 
that  render  it,  if  possible,  more  dreadful  than  the 
stamp-act. 

THAT  act,  alarming  as  it  was,  declared,  the  mo- 
ney thereby  to  be  raised,  should  be  applied  u  to- 
"  wards  defraying  the  expences  of  defending,  pro- 
*'  tecting  and  securing  the  British  colonies  and 
"  plantations  in  America :"  And  it  is  evident 
from  the  whole  act,  that  by  the  word  "  British" 
were  intended  colonies  and  plantations  settled  by 
British  people,  and  not  generally,  those  subject  to 
the  British  crown.  That  act  therefore  seemed  to 
have  something  gentle  and  kind  in  its  intention, 
and  to  aim  only  at  our  own  welfare :  but  the  act 
now  objected  to,  imposes  duties  upon  the  British 
colonies,  "  to  defray  the  expences  of  defending, 
protecting  and  securing  his  majesty's  dominions  in 
America. " 

VOL,      1.  2D 


(     218      ) 

WHAT  a  change  of  words  ! What  an  incom- 
putable addition  to  the  expences  intended  by  the 
stamp-act!  "  His  Majesty's  dominions"  com- 
prehend not  only  the  British  colonies,  but  also  the 
conquered  provinces  of  Canada  and  Florida,  and 
the  British  garrisons  0/ Nova- Scotia;  for  these  do 
not  deserve  the  name  of  colonies. 

WHAT  justice  is  there  in  making  us  pay  for 
<c  defending,  protecting  and  securing"  these  pla- 
ces ?  What  benefit  can  WE,  or  have  WE  ever  de- 
rived from  them  ?  None  of  them  was  conquered 
for  us  ;  nor  will  "  be  defended,  protected  or  se- 
cured" for  us, 

IN  fact,  however  advantageous  the  subduing  or 
keeping  any  of  these  countries  may  be  to  Great- 
Britain,  the  acquisition  is  greatly  injurious  to  these 
colonies.  Our  chief  property  consists  in  lands. — 
These  would  have  been  of  much  greater  value,  if 
such  prodigious  additions  had  not  been  made  to 
the  British  territories  on  this  continent.  The  na- 
tural increase  of  our  own  people,  if  confined  within 
the  colonies,  would  have  raised  the  value  still  high- 
er and  higher  every  fifteen  or  twenty  years :  besides, 
we  should  have  lived  more  compactly  together,  and 
have  been  therefore  more  able  to  resist  any  enemy. 
But  now  the  inhabitants  will  be  thinly  scattered 
•over  an  immense  region,  as  those  who  want  settle. 


ments,  will  choose  to  make  new  ones,  rather  than 
pay  great  prices  for  old  ones. 

THESE  are  the  consequences  to  the  colonies,  of 
the  hearty  assistance  they  gave  to  Great-Britain  in 

the  late  war a  war  undertaken  solely  for  her 

oivji  benefit.  The  objects  of  it  were,  the  securing 
to  herself  the  rich  tracts  ©f  land  on  the  back  of 
these  colonies,  with  the  Indian  trade  ;  and  Nova- 
Scotia,  with  the  fishery.  These,  and  much  more, 
has  that  kingdom  gained ;  but  the  inferior  animals 
that  hunted  with  the  lion,  have  been  amply  reward- 
ed for  all  the  sweat  and  blood  their  loyalty  cost  them, 
by  the  honour  of  having  sweated  and  bled  in  such 
company. 

I  WILL  not  go  so  far  as  to  say,  that  Canada  and 
Nova-Scotia  are  curbs  on  Neiv  -  England  ;  ihecbain 
of  forts  through  the  back  woods  on  the  middle 
provinces;  and  Florida  on  the  rest:  but  I  will 
venture  to  say,  that  if  the  products  of  Canada,  No- 
va-Scotia and  Florida,  deserve  any  consideration, 
the  two  first  of  them  are  only  rivals  of  our  northern 
colonies,  and  the  other  of  our  southern, 

IT  has  been  said,  that  without  the  conquest  of 
these  countries,  the  colonies  could  not  have  been 
"  protected,  defended  and  secured.'*  If  that  is  true, 
it  may  with  as  much  propriety  be  said,  that  Great- 


(         220         ) 

Britain  could  not  have  been  "  defended,  protected 
"  and  secured,"  without  that  conquest  :  for  the 
colonies  are  parts  of  her  empire,  which  it  as  much 
concerns  her  us  them  to  keep  out  of  the  hands  of 
any  other  power. 


BUT  these  colonies,  when  they  were  much 
er,  defended  themselves,  before  this  conquest  was 
made,  and  could  again  do  it,  against  any  that  might 
properly  be  called  their  enemies.  If  France  and 
Spain  indeed  should  attack  them,  as  members  of 
the  British  empire,  perhaps  they  might  be  distress- 
ed ;  but  it  would  be  in  a  British  quarrel, 

THE  largest  account  I  have  seen  of  the  number 
of  people  in  Canada,  does  not  make  them  exceed 
90,000.  Florida  can  hardly  be  said  to  have  any 
inhabitants.  It  is  computed  that  there  are  in  our 
colonies  3,000,000.  Our  force  therefore  must  in- 
crease with  a  disproportion  to  the  growth  of  their 
strength,  that  would  render  us  very  safe, 

THIS  being  the  state  of  the  case,  I  cannot  think 
it  just  that  these  colonies,  labouring  under  so  many 
misfortunes,  should  be  loaded  with  taxes,  to  main- 
tain countries,  not  only  not  useful,  but  hurtful  to 
them.  The  support  of  Canada  and  Florida  costs 
yearly,  it  is  said,  half  a  million  sterling.  From 
hence  we  may  make  some  guess  of  the  load  that  is  to 


be  laid  upon  us ;  for  WE  are  not  only  to  "  defend, 
"  protect  and  secure7'  them,  but  also  to  make  "  an 
"  adequate  provision  for  defraying  the  charge  of 
"  the  administration  of  justice,  and  the  support  of 
"  civil  government,  in  such  provinces  where  it 
"  shall  be  found  necessary." 

NOT  one  of  the  provinces  of  Canada,  Nova-Sco- 
tia, or  Florida,  has  ever  defrayed  these  expences 
within  itself:  and  if  the  duties  imposed  by  the 
last  statute  are  collected,  all  of  them  together,  ac- 
cording to  the  best  information  I  can  get,  will  not 
pay  one  quarter  as  much  as  Pennsylvania  alone. 
So  that  the  British  colonies  are  to  be  drained  of  the 
rewards  of  their  labour,  to  cherish  the  scorching 
sands  of  Florida,  and  the  icy  rocks  of  Canada  and 
Nova-Scotia,  which  never  will  return  to  us  one  far- 
thing that  we  send  to  them. 

GREAT-BRITAIN 1   mean,  the    ministry  in 

Great-Britain,  has  cantoned  Canada  and  Florida 
out  into^j?  or  six  governments,  and  may  form  as 
many  more.  There  now  axe  fourteen  or  fifteen  regi- 
ments on  this  continent ;  and  there  soon  may  be  as 
many  more.  To  make  "  an  adequate  provision" 
for  all  these  expcnces,  is,  no  doubt,  to  be  the  inhe- 
ritance of  the  colonies. 


(       222         ) 

CAN  any  man  believe  that  the  duties  upon  pa- 
per, &c.  are  the  last  that  will  be  laid  for  these  pur- 
poses? It  is  in  vain  to  hope,  that  because  it  is  im- 
prudent to  lay  duties  on  the  exportation  of  manu- 
factures from  a  mother  country  to  colonies,  as  it 
may  promote  manufactures  among  them,  that  this 
consideration  will  prevent  such  a  measure, 

AMBITIOUS  artful  men  have  made  it  popular, 
and  whatever  injustice  or  destruction  will  attend  it 
in  the  opinion  of  the  colonists,  at  home  it  will  be 
thought  just  and  salutary.* 

THE  people  of  Great-Britain  \vill  be  told,  and 
have  been  told,  that  they  are  sinking  under  an  im- 
mense debt that  great  part  of  this  has  been  con- 
tracted in  defending  the  colonies that  these  are 

so   ungrateful  and   undutiful,    that    they  will   not 

contribute  one  mite  to  its  payment nor  even  to 

the  support  of  the  army  now  kept  up  for  their  "  de- 

"  fence  and  security," that   they    are  rolling 

in  wealth,  and  are  of  so  bold  and  republican  a  spi- 
rit, that  they  are  aiming  at  independence that 

the  only  way  to  retain  them  in  "  obedience,"  is  to 
keep  a  strict  watch  over  them,  and  to  draw  off  part 
of  their  riches  in  taxes and  that  every  burden 


*  "  So  credulous  as  well  as  obstinate,  are  the   people  in   believing  every  tt>'tngt 
which  flatters  their  prevailing  passion.  HUME'S  Hist*  of  England. 


laid  upon  them,  is  taking  off  so  much  from  Great- 

Britain. These  assertions   will    be    generally 

believed,  and  the  people  will  be  persuaded  that 
they  cannot  be  too  angry  with  their  colonies,  as  that 
anger  will  be  profitable  to  themselves. 

IN  truth,  Great-Britain  alone  receives  any  be- 
nefit from  Canada,  Nova-Scotia,  and  Florida  ;  and 
therefore  she  alone  ought  to  maintain  them.  The 
old  maxim  of  the  law  is  drawn  from  reason  and 
justice,  and  never  could  be  more  properly  applied, 
than  in  this  case. 

%ui  sentit  commodum,  sentire  debet  et  onus. 
They  who  feel  the  benefit,  ought  to  feel  the  burden. 


A  FARMER. 


LETTER     IX. 


MY  DEAR  COUNTRYMEN, 

HAVE  made  some  observations  on  the  purpo- 
ses  for  which  money  is  to  be  levied  upon  us  by  the 
late  act  of  parliament.  I  shall  now  offer  to  your 
consideration  some  further  reflections  on  that  sub- 
ject :  and  unless  I  am  greatly  mistaken,  if  these 
purposes  are  accomplished  according  to  the  ex- 
pressed intention  of  the  act,  they  will  be  found  ef- 
fectually to  supercede  that  authority  in  our  respect- 
ive assemblies,  which  is  essential  to  liberty.  The 
question  is  not  "  whether  some  branches  shall  be 

*'  lopped  off?" The  axe  is  laid  to  the  root  of 

the  tree  ;  and  the  whole  body  must  infallibly  per- 
ish, if  we  remain  idle  spectators  of  the  work. 

No  free  people  ever  existed,  or  can  ever  exist, 
without  keeping,  to  use  a  common,  but  strong  ex- 
pression, "  the  purse  strings,"  in  their  own  hands. 
Where  this  is  the  case,  they  have  a  constitutional 
check  upon  the  administration,  which  may  thereby 
be  brought  into  order  without  violence  :  but  where 
such  a  power  is  not  lodged  in  the  people,  oppress- 
ion proceeds  uncontrouled  in  its  career,  till  the  go- 


(        225        ) 

verned,   transported  into  rage,  seek  redress  iil  the 
midst  of  blood  and  confusion. 

THE  ingenious  mr,  Hume,  speaking  of  the  Anglo- 
Norman  government,  says — "  princes  and  minis* 
ters  were  too  ignorant,  to  be  themselves  sensible 
of  the  advantage  attending  an  equitable  administra- 
tion, and  there  was  no  established  council  or  as- 
sembly, which  could  protect  the  people,  and  by 
withdrawing  supplies,  regularly  and  peaceably  ad- 
monish the  king  of  his  duty,  and  insure  the  execu- 
tion of  the  laws" 

THUS  this  great  man,  whose  political  reflecti- 
ons are  so  much  admired,  makes  this  power  one  of 
the  foundations  of  liberty* 

THE  English  history  abounds  with  instances, 
proving  that  this  is  the  proper  and  successful  way 
to  obtain  redress  of  grievances. — How  often  have 
kings  and  ministers  endeavoured  to  throw  off  this 
legal  curb  upon  them,  by  attempting  to  raise  money 
by  a  variety  of  inventions,  under  pretence  of  law, 
without  having  recourse  to  parliament  ?  And  how 
often  have  they  been  brought  to  reason,  and  peace- 
ably  obliged  to  do  justice,  by  the  exertion  of  this 
constitutional  authority  of  the  people,  vested  in 
their  representatives  ? 

VOL.   i.  2  E 


(         226         ) 

THE  inhabitants  of  these  colonies  have,  on  num- 
berless occasions,  reaped  the  benefit  of  this  autho- 
rity lodged  in  their  assemblies. 

IT  has  been  for  a  long  time,  and  now  is,  a  con- 
stant instruction  to  all  governors,  to  obtain  a  PER- 
MANENT support  for  the  offices  of  government.  But 
as  the  author  of  the  administration  of  the  colonies 
says,  "  this  order  of  the  crown  is  generally,  if  not 
universally,  rejected  by  the  legislatures  of  the  colo- 


THEY  perfectly  know  bow  much  their  grievances 
^vould  be  regarded,  if  they  had  no  other  method  of 
engaging  attention,  than  by  complaining.  Those 
"who  rule,  are  extremely  apt  to  think  well  of  the 
constructions  made  by  themselves  in  support  of 
their  own  power,  These  are  frequently  erroneous, 
*and  pernicious  to  those  they  govern.  Dry  remon- 
strances, to  shew  that  such  constructions  are  wrong 
and  oppressive,  carry  very  little  weight  with  them, 
in  the  opinion  of  persons  who  gratify  their  own  in- 
clinations in  making  these  constructions.  They 
CANNOT  understand  the  reasoning  that  opposes 
their  power  and  desires.  But  let  it  be  made  their 

interest  to  understand  such  reasoning and  a 

wonderful  light  is  instantly  thrown  upon  the  mat- 
ter ;  and  then,  rejected  remonstrance  becomes  as 
clear  as  "  proofs  of  holy  writ.*" 

*  Shakespeare. 


(        227        ) 

THE  three  most  important  articles  that  our  as- 
semblies, or  any  legislatures  can  provide  for,  are> 

first the  defence  of  the  society ;  secondly 

the  administration  of  justice  ;   and  thirdly -the 

support  of  civil  government. 

NOTHING  can  properly  regulate  the  expence  of 
making  provision  for  these  occasions,  but  the  neces- 
sities of  the  society  ;  its  abilities  ;  the  coiweniency 
of  the  modes  of  levying  money  in  it ;  the  manner  in 
which  the  laws  have  been  executed  ;  and  the  con- 
duct of  the  officers  of  government :  all  which  are 
circumstances,  that  cannot  possibly  be  properly 
known,  but  by  the  society  itself;  or  if  they  should 
be  known,  will  not  probably  be  properly  considered 
but  by  that  society. 

Ir  money  be  raised  upon  us  by  others,  without 
our  consent,  for  our  '•'  defence,"  those  who  are  the 
judges  in  levying  it,  must  also  be  the  judges  in  ap- 
plying it.  Of  consequence  the  money  sa id  to  be 
taken  from  us  for  our  defence,  may  be  employed  to 
our  injury.  We  may  be  chained  in  by  a  line  of 
fortifications — obliged  to  pay  for  the  building  and 

maintaining  them and  be  told,  that  they  are  for 

our  defence.  With  what  face  can  we  dispute  the 
fact,  after  having  granted  that  those  who  apply  the 
money,  had  a  right  to  levy  it  ?  For  surely,  it  is  much 
easier  for  their  wisdom  to  understand  how  to  apply 


(        223        ) 

it  in  the  best  manner,  than  how  to  levy  it  in  the 
best  manner.  Besides,  the  right  of  levying  is  of 
infinitely  more  consequence,  than  that  of  applying. 
The  people  of  England,  who  would  burst  out  into 
fury,  if  the  crown  should  attempt  to  levy  money  by 
its  own  authority,  have  always  assigned  to  the 
crown  the  application  of  money. 

As  to  the  "  administration  of  justice" — -—the 
judges  ought,  in  a  well  regulated  state,  to  be  equally 
independent  of  the  executive  and  legislative  powers. 
Thus  in  England,  judges  hold  their  commissions 
from  the  crown  "  during  good  behaviour •,"  and 
have  salaries,  suitable  to  their  dignity,  settled  on 
them  by  parliament.  The  purity  of  the  courts  of 
law  since  this  establishment,  is  a  proof  of  the  wis- 
dom with  which  it  was  made. 

BUT  in  these  colonies,  how  fruitless  has  beeil 
every  attempt  to  have  the  judges  appointed  "  dur- 
"  'inS  £0°d  behaviour  ?"••  Yet  whoever  considers, 
the  matter,  will  soon  perceive,  that  such  commissi- 
ons are  beyond  all  comparison  more  necessary  in 
these  colonies,  than  they  were  in  England. 

THE  chief  danger  to  the  subject  there,  arose  from 
the  arbitrary  designs  of  the  crown  ;  but  here,  the 
time  may  come,  when  we  may  have  to  contend 

with   the  designs  of  the  crown,  and  of  a  mighty. 


kingdom.  What  then  must  be  our  chance,  when  the 
laws  of  life  and  death  are  to  be  spoken  by  judges 
totally  dependent  on  that  crown,  and  that  king- 
dom  sent  over  perhaps  from  thence — filled  with 

British  prejudices and  backed  by  a  STANDING 

army supported   out  of  OUR   OWN   pockets,  to 

"  assert  and  maintain"  OUR  OWN  "  dependence 
*'  and  obedience." 

BUT  supposing  that  through  the  extreme  lenity 
that  will  prevail  in  th-  government  through  all 
future  ages,  these  colonies  will  never  behold  any 
thing  like  the  campaign  of  chief  justice  Jeffreys, 
yet  what  innumerable  acts  of  injustice  may  be  com- 
mitted, and  how  fatally  may  the  principles  of  liber- 
ty  be  sapped,  by  a  succession  of  judges  utterly  in. 
dependent  of  the  people  ?  Before  such  judges,  the 
supple  wretches,  who  cheerfully  join  in  avowing 
sentiments  inconsistent  with  freedom,  will  always 
tneet  with  smiles  ;  while  the  honest  and  brave  men, 
who  disdain  to  sacrifice  their  native  land  to  their 
own  advantage,  but  on  every  occasion  boldly  vindi- 
cate her  cause,  will  constantly  be  regarded  with 
frowns. 

THERE  are  two  other  considerations  relating  to 
this  head,  that  deserve  the  most  serious  attention. 

Br  the  late  act,  the  officers  of  the  customs  are 
.impowered  to  enter  into  any  HOUSE,  warehouse, 


shop,  cellar,  or  other  place,  in  the  British  colonies 
or  plantations  in  America,  to  search  for  or  seize 
prohibited  or  unaccustomed  goods,"  &c.  on  "  writs 
granted  by  the  superior  or  supreme  court  of  justice, 
having  jurisdiction  within  such  colony  or  plantation 
respectively." 

IF  we  only  reflect,  that  the  judges  of  these  courts 
are  to  be  during  pleasure — that  they  are  to  have 
"  adequate  provision'*'1  made  for  them,  which  is  to 
continue  during  their  complaisant  behaviour — that 
they  may  be  strangers  to  these  colonies — what  an 
engine  of  oppression  may  this  authority  be  in  such 
hands  ? 

I  AM  well  aware  that  writs  of  this  kind  may  be 
granted  at  home,  under  the  seal  of  the  court  of  ex- 
chequer :  but  I  know  also,  that  the  greatest  assert - 
ors  of  the  rights  of  Englishmen  have  always  strenu- 
ously contended,  that  such  a  power  was  dangerous 
to  freedom,  and  expressly  contrary  to  the  common 
law,  which  ever  regarded  a  man's  house  as  his  cas- 
tle, or  a  place  of  perfect  security. 

IF  such  power  was  in  the  least  degree  danger- 
ous there,  it  must  be  utterly  destructive  to  liberty 
here.  For  the  people  there  have  two  securities 
against  the  undue  exercise  of  this  power  by  the 
crown,  which  are  wanting  with  us,  if  the  late  act 


(      231      ) 

takes  place.  In  the  first  place,  if  any  injustice  is 
done  there,  the  person  injured  may  bring  his  action 
against  the  offender,  and  have  it  tried  before  inde- 
pendent judges, vt\vz  are*  no  parties  in  committing 
the  injury.  Here  he  must  be  tried  before  depend- 
ent judges,  being  the  men  who  granted  the  writ. 

To  say,  that  the  cause  is  to  be  tried  by  a  jury, 
can  never  reconcile  men  who  have  any  idea  of  free- 
dom, to  such  a  power.  For  we  know  that  sheriffs 
in  almost  every  colony  on  this  continent,  are  total- 
ly dependent  on  the  crown  ;  and  packing  of  juries 
has  been  frequently  practised  even  in  the  capital  of 
the  British  empire.  Even  if  juries  are  well  inclin- 
ed, we  have  too  many  instances  of  the  influence  of 

over-bearing   unjust  judges   upon  them. The 

brave  and  wise  men  who  accomplished  the  revolu- 
tion, thought  the  independency  of  judges  essential 
to  freedom. 

THE  other  security  which  the  people  have  at 
home,  but  which  we  shall  want  here,  is  this. 

IF  this  power  is  abused  there,  the  parliament, 
the  grand  resource  of  the  oppressed  people,  is  rea- 
dy to  afford  relief.  Redress  of  grievances  must 

*  The  writs  for  searching  houses  in  EngLnJ,  are  to  be  granted  "  under  the 
seal  of  the  court  of  exchequer,"  according  to  the  statute — and  that  seal  is  kept 
by  the  chancellor  of  the  exchequer,  ^tb  Insi.  page  104. 


(        232        ) 

precede  grants  of  money.  But  what  regard  can  we 
expect  to  have  paid  to  our  assemblies,  when  they 
will  not  hold  even  the  puny  privilege  of  French 

parliaments that  of  registering,  before  they  are 

put  in  execution,  the  edicts  that  take  away  our 
money. 

THE  second  consideration  above  hinted  at,  is  this. 
There  is  a  confusion  in  our  laws  that  is  quite  un- 
known in  Great-Britain.  As  this  cannot  be  de- 
scribed in  a  more  clear  or  exact  manner,  than  has 
been  done  by  the  ingenious  author  of  the  history  of 
New  -  Tor  k  i  I  beg  leave  to  use  his  words.  "  The 
state  of  our  laws  opens  a  door  to  much  controversy. 
The  uncertainty  with  respect  to  them,  renders  pro- 
perty precarious,  and  greatly  exposes  us  to  the 
arbitrary  decision  of  bad  judges.  The  common 
law  of  England  is  generally  received,  together  with 
such  statutes  as  were  enacted  before  we  had  a  le- 
gislature of  our  own  ;  but  our  courts  exercise  a  so- 
vereign authority,  in  determining  what  parts  of  the 
common  and  statute  law  ought  to  be  extended  :  for 
it  must  be  admitted,  that  the  difference  of  circum- 
stances necessarily  requires  us,  in  some  cases,  to 
REJECT  the  determination  of  both.  In  many  in- 
stances, they  have  also  extended  even  acts  of  par- 
liament, passed  since  we  had  a  distinct  legislature, 

which  is  greatly  adding  to  our  confusion. The 

practice  of  our  courts  is  no  less  uncertain  than  the 


(      233      ) 

law.  Some  of  the  English  rules  are  adopted — 
others  rejected.  Two  things  therefore  seem  to  be 
absolutely  necessary  for  the  public  security.  First, 
the  passing  an  act  for  settling  the  extent  of  the 
English  laws.  Secondly,  that  the  courts  ordain  a 
general  set  of  rules  for  the  regulation  of  the  prac- 
tice.'7 

How  easy  it  will  be,  under  this  "  state  of  our 
laws,7'  for  an  artful  judge,  to  act  in  the  most  arbi- 
trary manner,  and  yet  cover  his  conduct  under  spe- 
cious pretences  ;  and  how  difficult  it  will  be  for  the 
injured  people  to  obtain  relief,  may  be  readily  per- 
ceived. We  may  take  a  voyage  of  3000  miles  to 
complain  ;  and  after  the  trouble  and  hazard  we  have 
undergone,  we  may  be  told,  that  the  collection  of 
the  revenue,  and  maintenance  of  the  prerogative, 
must  not  be  discouraged and  if  the  misbehavi- 
our is  so  gross  as  to  admit  of  no  justification,  it 
may  be  said,  that  it  was  an  error  in  judgment  only, 
arising  from  the  confusion  of  our  laws,  and  the  zeal 
of  the  king's  servants  to  do  their  duty. 

IF  the  commissions  of  judges  are  during  the  plea- 
sure of  the  crown,  yet  if  their  salaries  are  during 
the  pleasure  of  the  people,  there  will  be  some  check 

upon  their  conduct. Few  men  will  consent  to 

draw  on  themselves  the  hatred  and  contempt  of 

VOL.   i,  2  F 


those  among  whom  they  live,  for  the  empty  honour 

of  being  judges. It  is   the  sordid  love  of  gain, 

that  tempts  men  to  turn  their  backs  on  virtue,  and 
pay  their  homage  where  they  ought  not. 

As  to  the  third  particular,  "the  support  of  civil 
tc  government," — few  words  will  be  sufficient. — 
Every  man  of  the  least  understanding  must  know, 
that  the  executive  power  may  be  exercised  in  a 
manner  so  disagreeable  and  harrassing  to  the  peo- 
ple, that  it  is  absolutely  requisite,  that  they  should 
be  enabled  by  the  gentlest  method  which  human 
policy  has  yet  been  ingenious  enough  to  invent, 
that  is,  by  shutting  their  hands,  to  "  ADMONISH" 
(as  mr.  Hume  says)  certain  persons  "of  their  du- 
ly." 

WHAT  shall  \ve  now  think  when,  upon  looking 
into  the  late  act,  w^e  find  the  assemblies  of  these 
provinces  thereby  stript  of  their  authority  on  these 
-several  heads  ?  The  declared  intention  of  the  act 
is,  "that  a  revenue  should  be  raised  in  his  majes- 
ty's DOMINIONS  in  America,  for  making  a 
more  certain  and  adequate  provision  for  defraying 
the  charge  of  the  administration  of  justice,  and 
the  support  of  civil  government  in  such  provinces 
where  it  shall  be  found  necessary,  and  towards  fur- 
ther defraying  the  expences  of  defending,  protect- 
ing and  securing  the  SAID  DOMINIONS. 


LET  the  reader  pause  here  one  moment and 

reflect whether  the  colony  in  which  he  lives, 

has  not  made  such  "  certain  and  adequate  provi- 
sion" for  these  purposes,  as  is  by  the  colony  judged 
suitable  to  its  abilities,  and  all  other  circumstan- 
ces. Then  let  him  reflect whether  if  this  act 

takes  place,  money  is  not  to  be  raised  on  that  co- 
lony without  its  consent,  to  make  "  provision"  for 
these  purposes,  which  it  does  not  jndgs  to  be  suit- 
able to  its  abilities,  and  all  other  circumstances.— 
Lastly,  let  him  reflect — whether  the  people  of  that 
country  are  not  in  a  state-of  the  most  abject  slavery, 
whose  property  may  be  taken  from  them  under  the 
notion  of  right,  when  they  have  refused  to  give  it. 

FOR  my  part,  I  think  I  have  good  reason  for  vin- 
dicating the  honour  of  the  assemblies  on  this  con- 
tinent, by  publicly  asserting,  that  THEY  have  made 
as  "  certain  and  adequate  provision"  for  the  pur- 
poses  above-mentioned,  as  they  ought  to  have  made, 
and  that  it  should  not  be  presumed,  that  they  will 
not  do  it  hereafter.  Why  then  should  these  most 
important  trusts  be  wrested  out  of  their  hands  ? — 
Why  should  they  not  now  be  permitted  to  enjoy 
that  authority,  which  they  have  exercised  from  the 
first  settlement  of  these  colonies  ?•  Why  should 
they  be  scandalized  by  this  innovation,  when  their 
respective  provinces  are  now,  and  will  be,  for  se- 
veral years,  labouring  under  loads  of  debt,  impos- 


ed  on  them  for  the  very  purpose  now  spoken  of? 
Why  should  all  the  inhabitants  of  these  colonies 
be,  with  the  utmost  indignity,  treated  as  a  herd  of 
despicable  stupid  wretches,  so  utterly  void  of  com- 
mon sense,  that  they  will  not  even  make  "  ade- 
quate provision"  for  the  "  administration  of  jus- 
tice, and  the  support  of  civil  government"  among 
them,  or  for  their  own  "  defence" — though  with- 
out such  "  provision,"  every  people  must  inevit- 
ably be  overwhelmed  with  anarchy  and  destruction? 
Is  it  possible  to  form  an  idea  of  a  slavery  more 
complete,  more  miserable,  more  disgraceful,  than 
that  of  a  people,  where  justice  is  administered,  go- 
vernment exercised,  and  a  standing  army  main- 
tained,  at  the  ex  pence  of  the  people,  and  yet  with- 
out the  least  dependence  upon  them  ?  If  we  can  find 
no  relief  from  this  infamous  situation,  it  will  be 
fortunate  for  us,  ifmr.  Grcnvillc,  setting  his  fertile 
fancy  again  at  work,  can,  as  by  one  exertion  of  it 
he  has  striptus  of  our  property  and  liberty,  by  ano- 
ther deprive  us  of  so  much  of  our  wider  standing, 
that,  unconscious  of  what  we  have  been  or  are,  and 
ungoaded  by  tormenting  reflections,  we  may  bow 
down  our  necks,  with  all  the  stupid  serenity  of  ser- 
vitude, to  any  drudgery,  which  our  lords  and  mas- 
ters shall  please  to  command. 

WHEN   the  charges  of  the  "  administration  of 
"  justice,"  the   "  support  of  civil  government," 


and  the  expences  of  "  defending,  protecting  and 
44  securing"  us,  are  provided  for,  I  should  be 
glad  to  know,  upon  what  occasions  the  crown  will 
ever  call  our  assemblies  together.  Some  few  of 
them  may  meet  of  their  own  accord,  by  virtue  of 
their  charters.  But  what  will  they  have  to  do,  when 
they  are  met  ?  To  what  shadows  will  they  be  re- 
duced ?  The  men,  whose  deliberations  heretofore 
had  an  influence  on  every  matter  relating  to  the 
liberty  and  happiness  of  themselves  and  their  con- 
stituents, and  whose  authority  in  domestic  affairs 
at  least,  might  well  be  compared  to  that  of  Roman 
senators,  will  now  find  their  deliberations  of  no  more 
consequence,  that  those  of  constables.  They  may 
perhaps  be  allowed  to  make  laws/or  the  yoking  of 
hogs,  or  poundi?ig  of  stray  cattle.  Their  influence 
will  hardly  be  permitted  to  extend  so  high,  as  the 
keeping  roads  in  repair,  as  that  business  may  more 
properly  be  executed  by  those  who  receive  the 
public  cash. 

ONE  most  memorable  example  in  history  is  so 
applicable  to  the  point  now  insisted  on,  that  it  will 
form  a  just  conclusion  of  the  observations  that 
have  been  made. 

SPAIN  was  once  free.  Their  cortes  resembled 
our  parliaments.  No  money  could  be  raised  on  the 
subject,  without  their  consent.  One  of  their  kings 


C    238    ) 

having  received  a  grant  from  them  to  maintain  & 
war  against  the  Moors,  desired,  that  if  the  sum 
which  they  had  given,  should  not  be  sufficient,  he 
might  be  allowed,  for  that  emergency  only,  to  raise 
more  money  without  assembling  the  cortes.  The 
request  was  violently  opposed  by  the  best  and  wis- 
est men  in  the  assembly.  It  was,  however,  com- 
plied with  by  the  votes  of  a  majority  ;  and  this  sin- 
gle concession  was  a  precedent  for  other  concessi- 
ons of  the  like  kind,  until  at  last  the  crown  obtain- 
ed a  general  power  of  raising  money,  in  cases  of 
necessity:  From  that  period  the  cortes  ceased  to 
be  useful, — the  people  ceased  to  be  free. 

Venlenti  occurrite  morbo. 
Oppose  a  disease  at  its  beginning. 

A  FARMER. 


239 


LETTER    X. 


MY  DEAR  COUNTRYMEN, 

J/HE  consequences,  mentioned  in  the  last  let- 
ter, will  not  be  the  utmost  limits  of  our  misery  and 
infamy,  if  the  late  act  is  acknowledged  to  be  bind- 
ing upon  us.  We  feel  too  sensibly,  that  any  minis- 
terial measures*  relating  to  these  colonies,  are 
soon  carried  suscessfully  through  the  parliament. 
Certain  prejudices  operate  there  so  strongly  against 
us,  that  it  may  be  justly  questioned,  whether  all 
the  provinces  united,  will  ever  be  able  effectually, 
to  call  to  an  account  before  the  parliament,  any  mi- 
nister who  shall  abuse  the  power  by  the  late  act 
given  to  the  crown  in  America.  He  may  divide 
the  spoils  torn  from  us  in  what  manner  he  plea- 
ses, and  we  shall  have  no  way  of  making  him  re- 
sponsible. If  he  should  order,  that  every  governor 
shall  have  a  yearly  salary  of  50001.  sterling ;  every 


*  "  The  gentleman  must  not  wonder  he  was  not  contradicted,  when,  as 
minister,  he  asserted  the  right  of  parliament  to  tax  America.  I  know  not  ho\v 
it  is,  but  there  is  a  modesty  in  this  house,  ivbich  does  not  choose  to  contradict  a  minls- 
itr.  I  wish  gentlemen  would  get  the  better  of  this  modesty.  If  they  do  not,p<'r- 
collective  body  may  begin  to  alatt  of  its  respect  for  tit  represent.i!i"-jt." 

Mr.  PITT'S -tperst*  ' 


chief  justice  of  30001.  every  inferior  officer  in  pro- 
portion ;  and  should  then  reward  the  most  profli- 
gate, ignorant,  or  needy  dependents  on  himself 
or  his  friends,  with  places  of  the  greatest  trust,  be- 
cause they  were  of  the  greatest  profit,  this  would 
be  called  an  arrangement  in  consequence  of  the 
"  adequate  provision  for  defraying  the  charge  of 
the  administration  of  justice,  and  the  support  of  the 
civil  government :"  and  if  the  taxes  should  prove 
at  any  time  insufficient  to  answer  all  the  expences 
of  the  numberless  offices,  which  ministers  may 
please  to  create,  surely  the  members  of  the  house 
of  commons  will  be  so  "  modest"  as  not  to  "con- 
tradict a  minister,"  who  shall  tell  them  it  is  become 
necessary  to  lay  a  new  tax  upon  the  colonies,  for 
the  laudable  purposes  of  defraying  the  charges  of 
the  "  administration  of  justice,  and  support  of  ci- 
vil government"  among  them.  Thus,  in  fact,  we 
shall  be  taxed-)-  by  ministers.  In  short,  it  will  be 
in  their  power  to  settle  upon  us  any  civil,  ecclesias- 
tical or  military  establishment  which  they  choose. 


f  "  Within  this  act  (statute  de  tallaglo  non  concedenJo}  are  all  neiv  offices  erect- 
ed with  neiv  fees,  or  old  offices  with  ne-iufccs,  for  that  is  a  tallage  put  upon  the 
subject,  which  cannot  be  dene  without  common  assent  by  act  of  parliament. 
.And  this  doth  notably  appear  by  a  petition  in  parliament  in  anno  13,  Henry  IV. 
where  the  commons  complain,  that  an  office  was  erected  for  measurage  of 
cloths  and  canvas,  with  a  new  fee  for  the  same,  by  colour  of  the  king's  letters 
patent,  and  pray  that  these  letters  patent  may  be  revoked,  for  that  the  king- 
could  erect  no  offices  with  new  fees  to  be  taken  of  the  people,  who  may  not  so 
be  charged  but  by  parliament."  id  In>t.  p.  553. 


WE  may  perceive,  by  the  example  of  Ireland, 
how  eager  ministers  are  to  seize  upon  any  settled 
revenue,  and  apply  it  in  supporting  their  own  pow- 
er. Happy  are  the  men,  and  bappy  the  people  who 
grow  wise  by  the  misfortunes  of  others.  Earnest- 
ly, my  dear  countrymen,  do  I  beseech  the  Author 
of  all  good  gifts,  that  you  may  grow  wise  in  this 
manner ;  and  if  I  may  be  allowed  to  take  such  a 
liberty,  I  beg  leave  to  recommend  to  you  in  gene- 
ral, as  the  best  method  of  attaining  this  wisdom, 
diligently  to  study  the  histories  of  other  countries. 
You  will  there  find  all  the  arts,  that  can  possibly  be 
practised  by  cunning  rulers,  or  false  patriots  among 
yourselves,  so  fully  delineated,  that,  changing 
names,  the  account  would  serve  for  your  own 
times. 

IT  is  pretty  well  known  on  this  continent,  that 
Ireland  l&s,  with  a  regular  consistency  of  injustice, 
been  cruelly  treated  by  ministers  in  the  article  of 
pensions  ;  but  there  are  some  alarming  circumstan- 
ces relating  to  that  subject,  which  I  wish  to  have 
better  known  among  us. 

|THE  revenue  of  the  crown  there,  arises  princi- 
pally from  the  excise  granted  u  for  pay  of  the  army, 

f  An  inquiry  into  the  legality  of  pensions  on  the  Irish  eitablishment,  by 
Alexander  M'Attly,  esq.  one  of  the  king's  council,  fc^V. 

VOL.     1.  2  G 


and  defraying  other  PUBLIC  charges,  in  defence 
and  preservation  of  the  kingdom" — from  the  ton- 
nage and  additional  poundage  granted  ^  for  protect- 
"  ing  the  trade  of  the  kingdom  at  sea,  and  aug- 

"  meriting     the     PUBLIC     revenue" from  the 

hearth  money  granted as  a  "  PUBLIC  revenue, 

for  PUBLIC  charges  and  expences."  There  are 
some  other  branches  of  the  revenue,  concerning 
which  there  is  not  any  express  appropriation  of 
them  for  PUBLIC  service,  but  which  were  plainly 
so  intended. 


Mr.  A-PAuly  concludes  his  piece  in  the  following  beautiful  manner.  "  If 
•any  pensions  have  been  obtained  on  that  establishment,  to  serve  the  corrupt  pur- 
poses of  ambitious  men. — If  his  majesty's  revenues  of  Ireland  have  been  employed 
in  pensions,  to  debauch  his  majesty's  subjects  of  both  kingdoms. — If  the  treasure  of 
Ireland  has  been  expended  in  pensions,  for  corrupting  men  of  that  kingdom  to  betray 
their  country  ;  and  men  of  the  neighbouring  kingdom,  to  betray  both. — If  Irish 
pensions  have  been  procured,  to  support  gamesters  and  gaming-houses  ,•  promoting 

a  vice  •which  threatens  national  ruin. If  pensions  have  been  purloined  out 

of  the  national  treasure  of  Ireland,  under  the  mask  of  salaries  annexed  to  pub- 
lic offices,  useless  to  the  nation  ;  newly  invented  for  tht  purpuses  of  'corruption. — If 
Ireland,  just  beginning  to  recover  from  the  devastations  of  massacre  and  rebelli- 
on, be  obstructed  in  the  progress  of  her  cure,  by  sivarms  of  pensionary  vultures, 
freying  on'her  vital*. — If,  by  squandering  the  national  substance  of  Ireland,  in  a 
licentious,  unbounded  profusion  of  pensions,  instead  of  employing  it  in  nourishing 
and  improving  her  infant  agriculture,  trade  and  manufactures,  or  in  enlightening  and 
reforming  her  poor,  ignorant,  deluded,  miserable  natives  (by  nature  most  amiable, 
most  valuable,  most  worthy  of  public  attention  — If,  by  such  abuse  of  the  national 
substance,  sloth  and  nastincss,  cold  and  hunger,  nakedness  and  •wretchedness,  popery, 
depopulation  and  barbarism,  still  maintain  their  ground  ;  still  deform  a  country, 
abounding  ivith  all  the  riches  of  nature,  yet  hitherto  destined  to  beggary. — If  such 
pensions  be  found  on  the  Irish  establishment ;  let  such  be  cut  off:  and  let  the 
periidious  advisers  be  branded  withindelible'characters  of  public  infamy  ;  ade- 
quate, if  possible,  to  the  dishonour  of  their  crime." 


OF  these  branches  of  the  revenue,  the  crown  is 
only  trustee  for  the  public.  They  are  unaliena- 
ble.  They  are  inapplicable  to  any  other  purposes, 
but  those  for  which  they  were  established  ;  and 
therefore  are  not  legally  chargeable  with  pensions. 

THERE  is  another  kind  of  revenue,  which  is  a 
private  revenue.  This  is  not  limited  to  any  pub- 
lic uses  ;  but  the  crown  has  the  same  property  in  it, 
that  any  person  has  in  his  estate.  This  does  not 
amount,  at  the  most,  to  fifteen  thousand  pounds  a 
year,  probably  not  to  seven,  and  is  the  only  revenue, 
that  can  be  legally  charged  with  pensions, 

IF  ministers  were  accustomed  to  regard  the 
rights  or  happiness  of  the  people,  the  pensions  in 
Ireland  would  not  exceed  the  sum  just  mentioned  : 
but  long  since  have  they  exceeded  that  limit ;  and 
in  December  1765>  a  motion  was  made  in  the  house 
of  commons  in  that  kingdom,  to  address  his  ma- 
jesty on  the  great  increase  of  pensions  on  the  Irish 
establishment,  amounting  to  the  sum  of  158,6851. 
in  the  last  two  years. 

ATTEMPTS  have  been  made  to  gloss  over  these 
gross  encroachments,  by  this  specious  argument 
— "  That  expending  a  competent  part  of  the  public 
"  revenue  in  pensions,  from  a  principle  of  charity 
44  or  generosity,  adds  to  the  dignity  of  the  crown  ; 


(      244      ) 

"  and  is  therefore  useful  to  the  public"  To  give 
this  argument  any  weight,  it  must  appear,  that  the 
pensions  proceed  from  "  charity  or  generosity 
only" — and  that  it  "  adds  to  the  dignity  of  the 
crown,"  to  act  directly  contrary  to  law. — 

FROM  this  conduct  towards  Ireland,  in  open  vio- 
lation of  law,  we  may  easily  foresee  what  \ve  may 
expect,  when  a  minister  will  have  the  whole  reve- 
nue of  America  in  his  own  hands,  to  be  disposed  of 
at  his  own  pleasure  ;  for  all  the  monies  raised  by 
the  late  act  are  to  be  "  applied  by  virtue  of  warrants 
"  under  the  sign  manuel,  countersigned  by  the 
"  high  treasurer,  or  any  three  of  the  commisioners 
u  of  the  treasury."  The  RESIDUE  indeed  is  to  be 

•/ 

"  paid  into  the  receipt  of  the  exchequer,  and  to  be 
"  disposed  of  by  parliament."  So  that  a  minister 
will  have  nothing  to  do,  but  to  take  care,  that  there 
shall  be  no  residue,  and  he  is  superior  to  all  coii- 
trouL 

BESIDES  the  burden  Q£ pens  ions  in  Ireland,  which 
have  enormously  increased  within  these  few  years, 
almost  all  the  offices  in  that  poor  kingdom,  have 
been,  since  the  commencement  of  the  present  cen- 
tury, and  now  are  bestowed  upon  strangers.  For 
though  the  merit  of  persons  born  there,  justly  raises 
them  to  places  of  high  trust  when  they  go  abroad, 
as  all  Europe  can  witness,  yet  he  is  an  uncommon- 


245 

ly  lucky  Irishman,  who  can  get  a  good  post  in  bis 
NATIVE  country. 

WHEN  I  consider  the  mannerf    in   which  that 
island  has  been  uniformly  depressed  for  so  many 


•J-  In  Charles  the  second's  time,  the  house  of  commons,  influenced  by  some 
factious  demagogues,  were  resolved  to  prohibit  the  importation  of  Irish  cattle 
into  England.  Among  other  arguments  in  favour  of  Ireland,  it  was  insisted-— 
"  That  by  cutting  off  almost  entirely  the  trade  between  the  kingdoms,  all  tie 
natural  bands  of  union  'were  dissolved,  and  nothing  remained  to  keep  the  Irish  in 
their  duty,  but  force  and  "violence." 

u  The  king  says  mr.  Hume,  in  his  history  of  England)  was  so  convinced  of 
the  justness  of  these  reasons,  that  he  used  all  his  interest  to  oppose  the  bill,  and 
he  openly  declared,  that  he  could  not  give  his  assent  to  it  with  a  safe  consci- 
ence. Eut  the  commons  were  resolute  in  their  purpose." — "  And  the  spirit 
of  tyranny,  of  which  nations  are  as  susceptible  as  individuals,  had  animated  the  En- 
glish extremely  to  exert  their  superiority  over  their  dependent  state.  No  affair  could 
be  conducted  with  greater  violence  than  this  by  the  commons.  They  even 
went  so  far  in  the  preamble  of  the  bill,  as  to  declare  the  importation  of  Irish 
cattle  to  be  a  nuisance.  By  this  expression,  they  gave  scepe  to  their  fastion, 
and  at  the  same  time  barred  the  king's  prerogative,  by  which  he  might  think  him- 
seif  intitled  to  dispense  with  a  law,  so  full  of  injustice  and  bad  policy.  The  lords 
expunged  the  word,  but  as  the  king  was  sensible  that  no  supply  would  be  giv- 
en by  the  commons,  unless  they  were  gratified  in  all  their  prejudices,  he  was 
obliged  both  to  employ  his  interest  with  the  peers,  to  make  the  bill  pass,  and 
to  give  the  royal  assent  to  it.  He  could  not,  however,  forbear  expressing  his 
displeasure,  at  the  jealousy  entertained  against  him,  and  at  the  intention  which 
the  commons  discovered,  of  retrenching  his  prerogative. 

This  law  brought  great  distress  for  some  time  upon  Ireland,  but  it  has  occa- 
sioned their  applying  with  greater  industry  to  manufactures,  and  has  proved  in 
the  issue  beneficial  to  that  kingdom." 

Perhaps  the  same  reason  occasioned  the  "  barring  the  king's  prerogative"  in 
the  late  act  suspending  the  legislation  of  Nciv-Tork, 


(         246         ) 

years  past,  with  this  pernicious  particularity  of 
their  parliament*  continuing  as  long  as  the  crown 
pleases,  I  am  astonished  to  observe  such  a  lo^e  of 
liberty  still  animating  that  loyal  and  generous  na- 
tion, and  nothing  can  raise  higher  my  idea  of  the 
integrity  and  piiblic  spirit\  of  a  people,  who  have 


This  we  may  be  assured  of,  that  ive  are  as  dear  to  his  majetty,  as  the  people 
of  Great-Britain  are.  We  are  his  subjects  as  well  as  they,  and  as  faithful  subjects  ; 
and  his  majesty  has  given  too  many,  too  constant  proofs  of  his  piety  and  virtue, 
for  any  man  to  think  it  possible,  that  such  a  prince  can  make  any  unjust  dis- 
tinction between  such  subjects.  It  makes  no  difference  to  his  majesty,  whether 
supplies  are  raised  in  Great-Britain,  or  America  ;  but  it  makes  some  difference 
to  the  commons  of  that  kingdom. 

To  speak  plainly,  as  becomes  an  honest  man  on  such  important  occasions, 
all  our  misfortunes  are  owing  to  a  lust  of  foiuer  in  men  of  abilities  and  influence. 
This  prompts  them  to  seek  popularity  by  expedients  profitable  to  themselves, 
though  ever  so  destructive  to  their  country. 

"  Such  is  the  accursed  nature  of  lawless  ambition,  and  yet — what  heart  but 
melts  at  the  thought ! — Such  false,  detestable  patriots,  in  every  state,  have  led 
their  blind,  confiding  country,  shouting  their  applauses,  into  the  jaws  of  shame 
and  ruin.  May  the  wisdom  and  goodness  of  the  people  of  Great-Britain,  save 
them  from  the  usual  fate  of  nations. 

*' mentem  mortalia  tangunt" 

*  The  last  Irish  parliament  continued  thirty-three  years,  during  all  the  late 
king's  reign.  The  present  parliament  there  has  continued  from  the  beginning 
of  this  reign,  and  probably  will  continue  till  this  reign  ends. 

f  I  am  informed,  that  within  these  few  years,  a  petition  was  presented  to 
the  house  of  commons,  setting  forth  "  that  herrings  were  imported  into  Ire- 
land from  some  foreign  parts  of  the  north  so  cheap,  as  to  discourage  the  British 
herring  fishery,  and  therefore  praying  that  some  remedy  might  be  applied  in 
that  behalf  by  parliament." 


preserved  the  sacred  fire  of  freedom  from  being 
extinguished,  though  the  altar  on  which  it  burnt, 
has  been  overturned. 

IN  the  same  manner  shall  we  unquestionably  be 
treated,  as  soon  as  the  late  taxes  laid  upon  us,  shall 
make  posts  in  the  "  government,"  and  the  "  admi- 
u  nistration  of  justice"  here  worth  the  attention 
of  persons  of  influence  in  Great-Britain.  We 
know  enough  already  to  satisfy  us  of  this  truth. 
But  this  will  not  be  the  worst  part  of  our  case. 

THE  principals,  in  all  great  offices,  will  reside  in 
England,  making  some  paltry  allowance  to  depu- 
ties for  doing  the  business  here. Let  any  man 


That  upon  this  petition,  the  house  came  to  a  resolution,  to  impose  a  duty  of 
two  shillings  sterling  on  every  barrel  of  foreign  herrings  imported  into  Ireland  ; 
but  afterwards  dropt  the  affair,  for  fear  of  engaging  in  a  dispute  •with  Ireland  about 
lie  ri 


So  much  higher  was  the  opinion,  which  the  house  entertained  of  the  spirit 
of  Ireland,  than  of  that  of  these  colonies. 

I  find,  in  the  last  English  papers,  that  the  resolution  and  firmness  with 
which  the  people  of  Ireland  have  lately  asserted  their  freedom,  have  been  so 
alarming  in  Great-Britain,  that  the  lerd  lieutenant,  in  his  speech  on  the  aoth  of 
last  Oflober,  "  recommended  to  that  parliament,  that  such  provision  may  be 
made  for  securing  the  judges  in  the  enjoyment  of  their  offices  and  appointments, 
daring  their  good  behaviour,  as  shall  be  thought  most  expedient." 

What  an  important  concession  is  thus  obtained,  by  making  demands  becom- 
ing freemen,  with  a  courage  and  perseverance  becoming  freemen  ! 


consider  what  an  exhausting  drain  this  must  be 
upon  us,  when  ministers  are  possessed  of  the  pow- 
er of  creating  what  posts  they  please,  and  of  affix- 
ing to  such  posts  what  salaries  they  please,  and  he 
must  be  convinced  how  destructive  the  late  act  will 
be.  The  injured  kingdom  lately  mentioned,  can 
tell  us  the  mischiefs  of  absentees  ;  and  we  may  per- 
ceive already  the  same  disposition  taking  place 
with  us.  The  government  of  New -Tor  k  has  been 
exercised  by  a  deputy.  That  of  Virginia  is  now 
held  so  ;  and  we  know  of  a  number  of  secretary- 
ships, collectorships,  and  other  offices,  htld  in  the 
same  manner. 

TRUE  it  is,  that  if  the  people  of  Great-Britain 
were  not  too  much  blinded  by  the  passions,  that 
have  been  artfully  excited  in  their  breasts,  against 
their  dutiful  children,  the  colonists,  these  conside- 
rations would  be  nearly  as  alarming  to  them  as  to 
us.  The  influence  of  the  crown  was  thought  by 
wise  men,  many  years  ago,  too  great,  by  reason 
of  the  multitude  of  pensions  and  places  bestowed 
by  it.  These  have  been  vastly  increased  since, f 


f  One  of  the  reasons  urged  by  that  great  and  honest  statesman,  sir  William 
Temple,  to  Char'es  the  second,  in  his  famous  remonstrance,  to  dissuade  him 
from  aiming  at  arbitrary  power,  was,  that  the  king  "  had  few  offices  to  be- 
stow." HUME'S  History  cf  England. 

"  Though  the  wings  of  prerogative  have  been  dipt,  the  influence  of  the 
rrown  is  greater  than  ever  it  was  in  any  period  of  our  history.  For  \vhen  we 


(      249      ) 

and  perhaps  it  would  be  no  difficult  matter  to  prove 
that  the  people  have  decreased. 

SURELY  therefore,  those  who  wish  the  welfare 
of  their  country,  ought  seriously  to  reflect,  what 
may  be  the  consequence  of  such  a  new  creation  of 
offices,  in  the  disposal  of  the  crown.  The  army, 
the  administration  of  justice,  and  the  civil  govern- 
ment here,  with  such  salaries  as  the  crown  shall 
please  to  annex,  will  extend  ministerial  influence  as 
much  beyond  its  former  bounds,  as  the  late  war 
did  the  British  dominions. 

consider  in  how  many  boroughs  the  government  has  the  votes  at  command ; 
when  we  consider  the  vast  body  of  persons  employed  in  the  collection  of  the 
revenue,  in  every  part  of  the  kingdom,  the  inconceivable  number  of  placemen, 
and  candidates  for  places  in  the  customs,  in  the  excise,  in  the  post-office,  in  the 
dock -yards,  in  the  ordnance,  in  the  salt-office,  in  the  stamps,  in  the  navy  and 
victualling  offices,  and  in  a  variety  of  other  departments ;  when  we  consider 
again  the  extensive  influence  of  the  money  corporations,  subscription  jobbers 
and  contractors,  the  endless  dependencies  created  by  the  obligations  conferred 
on  the  bulk  of  the  gentlemen's  families  throughout  the  kingdom,  who  have  re- 
lations preferred  in  our  navy  and  numerous  standing  army ;  when  I  say,  we 
consider  how  wide,  how  binding  a  dependence  on  the  crown  is  created  by  the 
above  enumerated  particulars,  and  the  great,  the  enormous  weight  and  influ- 
ence which  the  crown  derives  from  this  extensive  dependence  upon  its  favour 
and  power,  any  lord  in  waiting,  any  lord  of  the  bedchamber,  any  man  may  be 
appointed  minister." 

A  doctrin«  to  this  effect  is  said  to  have  been  the  advice  of  L H . 

VOL.    i.  2  H 


BUT  whatever  the  people  of  Great-Britain  may- 
think  on  this  occasion,  I  hope  the  people  of  these 
colonies  will  unanimously  join  in  this  sentiment, 
that  the  late  act  of  parliament  is  injurious  to  their 
liberty,  and  that  this  sentiment  will  unite  them  in 
a  firm  opposition  to  it,  in  the  same  manner  as  the 
dread  of  the  stamp-act  did. 

SOME  persons  may  imagine  the  sums  to  be  raised 
by  it,  are  but  small,  and  therefore  may  be  inclined 
to  acquiesce  under  it.  A  conduct  more  dangerous 
to  freedom,  as  before  has  been  observed,  can  never 
be  adopted.  Nothing  is  wanted  at  home,  but  a 
precedent,-\  the  force  of  which  shall  be  established, 

by  the  tacit  submission  of  the  colonies. With 

what  zeal  was  the  statute  erecting  the  post-office, 
and  another  relating  to  the  recovery  of  debts  in 
America,  urged  and  tortured,  as  precedents  in  sup- 
port of  the  stamp-act,  though  wholly  inapplicable. 
If  the  parliament  succeeds  in  this  attempt,  other 
statutes  will  impose  other  duties.  Instead  of  tax- 


f  "  Here  may  te  observed,  than  when  any  ancient  law  or  custom  of  parli- 
ament is  broken,  and  the  crown  possessed  of  a.  precedent,  how  difficult  a  thing 
it  it  to  restore  the  subject  again  to  bis  former  freedom  and  safety*" 

id  Coke's  Inst.  page  529. 

"  It  is  not  almost  credible  to  foresee ,  when  any  maxim  or  fundamental  laiv  of 
this  realm  is  altered  (as  elsewhere  hath  been  observed    what  dangerous  i 
tiitncies  do  follow."  $tb  Cokes  Inst.  page  4!. 


ing  ourselves,  as  we  have  been  accustomed  to  do, 
from  the  first  settlement  of  these  provinces,  all  our 
usual  taxes  will  be  converted  into  parliamentary 
taxes  on  our  importations  ;  and  thus  the  parlia- 
ment will  levy  upon  us  such  sums  of  money  as  they 
choose  to  take,  without  any  other  limitation  than 
their  pleasure. 

WE  know  how  much  labour  and  care  have  been 
bestowed  by  these  colonies,  in  laying  taxes  in  such 
a  manner,  that  they  should  be  most  easy  to  the 
people,  by  being  laid  on  the  proper  articles  ;  most 
equal,  by  being  proportioned  to  every  man's  cir- 
cumstances ;  and  cheapest,  by  the  method  directed 
for  collecting  them. 

BUT  parliamentary  taxes  will  be  laid  on  us, 
without  any  consideration,  whether  there  is  any 
easier  mode.  The  oply  point  regarded  will  be,  the 
certainty  of  levying  the  taxes,  and  not  the  conve- 
nience of  the  people  on  whom  they  are  to  be  levied; 
and  therefore  all  statutes  on  this  head  will  be  such 
as  will  be  most  likely,  according  to  the  favourite 
phrase,  "  to  execute  themselves*" 

TAXES  in  every  free  state  have  been,  and  ought 
to  be,  as  exactly  proportioned  as  is  possible  to  the 
abilities  of  those  who  are  to  pay  them.  They  can- 
not otherwise  be  just.  Even  a  bottentot  would 


comprehend  the  unreasonableness  of  making  a  poor 
man  pay  as  much  for  "  defending"  the  property  of 
a  rich  man,  as  the  rich  man  pays  himself. 

LET  any  person  look  into  the  late  act  of  parlia- 
ment, and  he  will  immediately  perceive,  that  the 
immense  estates  of  lord  Fairfax,  lord  Baltimore,* 
and  our  proprietaries,  which  are  amongst  his  ma- 
jesty's other  DOMINIONS  to  be  "defended,  pro- 
"  tectecl  and  secured"  by  the  act,  will  not  pay  a 
single  farthing  for  the  duties  thereby  imposed,  ex- 
cept lord  Fairfax  wants  some  of  his  windows  gla- 
zed ;  lord  Baltimore  and  our  proprietaries  are 
quite  secure,  as  they  live  in  England. 

I  MENTION  these  particular  cases,  as  striking 
instances  how  far  the  late  act  is  a  deviation  from 
that  principle  of  justice,'  which  has  so  constantly 
distinguished  our  own  laws  on  this  continent,  and 
ought  to  be  regarded  in  all  laws. 

THE  third  consideration  with  our  continental 
assemblies  in  laying  taxes,  has  been  the  method 
of  collecting  them.  This  has  been  done  by  a  few 


*  Maryland  and  Pennsylvania  have  been  engaged  in  the  warmest  disputes, 
in  order  to  obtain  an  equal  and  just  taxation  of  their  proprietors  estates :  but 
this  late  act  of  parliament  does  more  for  those  proprietors,  than  they  them- 
selves would  venture  to  demand^  It  totally  exempts  them  from  taxation 

though  their  vast  estates  are  to  be  "  secured"  by  the  taxes  of  other  people. 


(      253 

officers,  with  moderate  allowances,  under  the  in- 
spection of  the  respective  assemblies.  No  more 
was  raised  from  the  subject,  than  was  used  for  the 
intended  purposes.  But  by  the  late  act,  a  minis- 
ter may  appoint  as  many  officers  as  be  pleases  for 
collecting1  the  taxes  ;  may  assign  them  *wbat  sal  a- 
ries  be  thinks  "  adequate;"  and  they  are  subject 
to  no  inspection  but  his  own. 

IN  short,  if  the  late  act  of  parliament  takes  effect, 
these  colonies  must  dwindle  down  into  "  common 
corporations,"  as  their  enemies,  in  the  debates  con- 
cerning the  repeal  of  the  stamp  act,  strenously  in- 
sisted they  were  ;  and  it  seems  not  improbable  that 
some  future  historian  may  thus  record  our  fall. 

"  THE  eighth  year  of  this  reign  was  distinguish- 
ed by  a  very  memorable  event,  the  American  colo- 
nies then  submitting,  for  the  FIRST  time,  to  be 
taxed  by  the  British  parliament.  An  attempt  of 
this  kind  had  been  made  about  two  years  before, 
but  was  defeated  by  the  vigorous  exertions  of  the 
several  provinces,  in  defence  of  their  liberties. 
Their  behaviour  on  that  pccasion  rendered  their 
name  very  celebrated  for  a  short  time  all  over  Eu- 
rope ;  all  states  being  extremely  attentive  to  a  dis- 
pute between  Great-Britain,  and  so  considerable  a 
part  of  her  dominions.  For  as  she  was  thought  to 
be  grown  too  powerful,  by  the  successful  conclusion 


of  the  late  war  she  had  been  engaged  in,  it  was 
hoped,  by  many,  that  as  it  had  happened  before  to 
other  kingdoms,  civil  discords  would  afford  oppor- 
tunities of  revenging  all  the  injuries  supposed  to  be 
received  from  her.  However,  the  cause  of  dissen- 
tion  was  removed,  by  a  repeal  of  the  statute  that 

had   given   offence. This  affair    rendered    the 

submissive  conduct  of  the  colonies  so  soon  after,  the 
more  extraordinary ;  there  being  no  difference  be- 
tween the  mode  of  taxation  which  they  opposed, 
and  that  to  which  they  submitted,  but  this,  that  by 
the  first,  they  were  to  be  continually  reminded  that 
they  'were  taxed  by  certain  marks  stamped  on  every 
piece  of  paper  or  parchment  they  used.  The  au- 
thors of  that  statute  triumphed  greatly  on  this  con- 
duct of  the  colonies,  and  insisted,  that  if  the  peo- 
ple of  Great-Britain  had  persisted  in  inforcing  it, 
the  Americans  would  have  been,  in  a  few  months,, 
so  fatigued  with  the  efforts  of  patriotism,  that  they 
would  have  yielded  obedience. 

"  CERTAIN  it  is,  that  though  they  had  before 
ct  their  eyes  so  many  illustrious  examples  in  their 
"  mother  country,  of  the  constant  suscess  attending 
tc  firmness  and  perseverance,  in  opposition  to  dan- 
"  gerous  encroachments  on  liberty,  yet  they  quiet- 
"  ly  gave  up  a  point  of  the  "  last  importance.'1'" 
From  thence  the  decline  of  their  freedom  began^ 


(      255      ) 

and  its  decay  was  extremely  rapid ;  for  as  money 
was  always  raised  upon  them  by  the  parliament, 
their  assemblies  grew  immediately  useless,  and  in 
a  short  time  contemptible:  and  in  less  than  one 
hundred  years,  the  people  sunk  down  into  that 
lameness  and  supineness  of  spirit,  by  which  they 
still  continue  to  be  distinguished." 

Et  majores  vestros  &  posteros  cogitate. 
Think  of  your  ancestors  and  your  posterity. 


A  FARMER. 


LETTER     XL 


MY  DEAR  COUNTRYMEN, 

1  HAVE  several  times,  in  the  course  of  these  let- 
ters, mentioned  the  late  act  of  parliament,  as  being 
\h^  foundation  of  future  measures  injurious  to  these 
colonies ;  and  the  belief  of  this  truth  I  wish  to  pre- 
vail, because  I  think  it  necessary  to  our  safety. 

A  PERPETUAL  jealousy,  respecting  liberty,  is 
absolutely,  requisite  in  all  free  states.  The  very 
texture  of  their  constitution,  in  mixt  governments, 
demands  it.  For  the  cautions  with  which  power  is 
distributed  among  the  several  orders,  imply  that 
each  has  that  share  which  is  proper  for  the  general 
welfare,  and  therefore  that  any  further  acquisition 
must  be  pernicious.  Machiavel*  employs  a  whole 
chapter  in  his  discourses,  to  prove  that  a  state,  to 
be  long  lived,  must  be  frequently  corrected,  and 
reduced  to  its  first  principles.  But  of  all  states 
that  have  existed,  there  never  was  any,  in  which 
this  jealousy  could  be  more  proper  than  in  these 
colonies.  For  the  government  here  is  not  only 
772 ix t,  but  dependent,  which  circumstance  occa- 

s  discourses— book  3«  cbap*  I- 


(      257      ) 

sions  a  peculiarity  in  its  form,  of  a  very  delicate 
nature. 

Two  reasons  induce  me  to  desire,  that  this  spi- 
rit of  apprehension  may  be  always  kept  up  among 

us,  in  its  utmost  vigilance.      The  first  is  this 

that  as  the  happiness  of  these  provinces  indubita- 
bly consists  in  their  connection  with  Great- Britain, 
any  separation  between  them  is  less  likely  to  be 
occasioned  by  civil  discords,  if  every  disgusting 
measure  is  opposed  singly,  and  while  it  is  new  : 
for  in  this  manner  of  proceeding,  every  such  mea- 
sure is  most  likely  to  be  rectified. On  the 

other  hand,  oppressions  and  dissatisfactions  being 

permitted  to  accumulate if  ever  the   governed 

throw  off  the  load,  they  will  do  more.  A  people 
does  not  reform  with  moderation.  The  rights  of 
the  subject  therefore  cannot  be  too  often  consider- 
ed, explained  or  asserted  :  and  whoever  attempts 
to  do  this,  shews  himself,  whatever  may  be  the 
rash  and  peevish  reflections  of  pretended  wisdom, 
and  pretended  duty,  a  friend  to  those  who  injudi- 
ciously exercise  their  power,  as  well  as  to  them, 
over  whom  it  is  so  exercised. 

HAD  all  the  points  of  prerogative  claimed  by 
Charles  the  first,  been  separately  contested  and  set- 
tled in  preceding  reigns,  his  fate  would  in  all  pro- 

VOL.   i.  21 


bability  have  been  very  different ;  and  the  people 
would  have  been  content  with  that  liberty  which  is 
compatible  with  regal  authority.  Butf  he  thought, 
it  would  be  as  dangerous  for  him  to  give  up  the 
powers  which  at  any  time  had  been  by  usurpation 
exercised  by  the  crown,  as  those  that  were  legally 
vested  in  it.  This  produced  an  equal  excess  on 
the  part  of  the  people.  For  when  their  passions 
were  excited  by  multiplied  grievances,  they  thought 
it  would  be  as  dangerous  for  them  to  allow  the 
powers  that  were  legally  vested  in  the  crown,  as 
those  which  at  any  time  had  been  by  usurpation 
exercised  by  it.  Acts,  that  might  by  themselves 
have  been  upon  many  considerations  excused  or 
extenuated,  derived  a  contagious  malignancy  and 
odium  from  other  acts,  with  which  they  were  con- 
nected. They  were  not  regarded  according  to  the 
simple  force  of  each,  but  as  parts  of  a  system  of 
oppression.  Every  one  therefore,  however  small 
in  itself,  became  alarming,  as  an  additional  evidence 
of  tyrannical  designs.  It  was  in  vain  for  prudent 
and  moderate  men  to  insist,  that  there  was  no  nc- 


f  The  author  is  sensible  that  this  is  putting  the  gentlest  construction  on 
Charleys  conduct ;  and  that  is  one  reason  why  he  chooses  it.  Allowances 
ought  to  be  made  for  the  errors  of  those  men,  who  are  acknowledged  to  have 
been  possessed  of  many  virtues.  The  education  of  this  unhappy  prince,  and 
his  confidence  in  men  not  so  good  or  wise  as  himself,  had  probably  filled  him 
with  mistaken  notions  of  his  own  authority,  and  of  the  consequences  that  would 
attend  concessions  of  any  kind  to  a  people,  who  were  represented  to  him,  us 
aiming  at  too  much  power. 


259 

cessity  to  abolish  royalty.  Nothing  less  than  the 
utter  destruction  of  monarchy,  could  satisfy  those 
who  had  suffered,  and  thought  they  had  reason  to 
believe,  they  always  should  suifer  under  it, 

THE  consequences  of  these  mutual  distrusts  are 
well  known:  but  there  is  no  other  people  mention- 
ed in  history,  that  I  recollect,  who  have  been  so 
constancy  watchful  of  their  liberty,  and  so  successful 
in  their  struggles  for  it,  as  the  English.  This  con- 
sideration leads  me  to  the  second  reason,  why  I 
14  desire  that  the  spirit  of  apprehension  may  be 
44  always  kept  up  among  us  in  its  utmost  vigi- 
44  lance." 

THE  first  principles   of  government  are   to  be 

looked  for  in  human  nature. Some  of  the  best 

writers  have  asserted,  and  it  seems  with  good  rea- 
son, that 44  government  is  founded  on  %  opinion ." 


*  Opinion  is  of  too  kinds,  Wn.  opinion  of  INTEREST,  and  opinion  of  RIGHT. 
By  opinion  of  interest,  I  chiefly  understand,  tie  sense  of  the  public  advantage  ii'Licb 
is  reaped  from  government ;  together  with  the  persuasion,  that  the  particular  go- 
vernment which  is  established,  is  equally  advantageous  with  any  other,  thai  cou/J 
be  easily  settled. 

"  Right  is  of  two  kinds,  right  to  power,  and  riabt  to  property.  What  preva- 
lence opinion  of  the  first  kind  has  over  mankind,  may  easily  be  understood,  by 
observing  the  attachment  which  all  nations  have  to  their  ancient  government, 
and  even  to  those  names  which  have  had  the  sanction  of  antiquity.  Antiquity 
always  begets  the  opinion  of  right." — "  It  is  sufficiently  understood,  that  the  ->/>;/;/- 
tn  of  rlglt  to  property,  is  of  the  greatest  moment  in  all  matters  of  govern- 
ment" KUME'S  Etws. 


CUSTOM  undoubtedly  has  a  mighty  force  in  pro- 
ducing opinion,  and  reigns  in  nothing  more  arbi- 
trarily than  in  public  affairs.  It  gradually  recon- 
ciles us  to  objects  even  of  dread  and  detestation  ; 
and  I  cannot  but  think  these  lines  of  mr.  Pope,  as 
applicable  to  vice  in  p-olitics,  as  to  vice  in  ethics. 

"  Vice  is  a  monster  of  so  horrid  mien, 
"  As  to  be  hated,  needs  but  to  be  seen  ; 
"  Yet  seen  too  oft,  familiar  with  her  face, 
"  We  first  endure,  then  /?z(y,  then  embrace." 


When  an  act  injurious  to  freedom  has  been  once 
done,  and  the  people  bear  it,  the  repetition  of  it  is 
most  likely  to  meet  with  submission.  For  as  the 
mischief  Q$  the  one  was  found  to  be  tolerable,  they 
will  hope  that  of  the  second  will  prove  so  too  ;  and 
they  will  not  regard  the  infamy  of  the  last,  because 
they  are  stained  with  that  of  the  first. 

INDEED  nations,  in  general,  are  not  apt  to  think 
until  they  feet  ;  and  therefore  nations  in  general 
have  lost  their  liberty  :  for  as  violations  of  the 
rights  of  the  governed,  are  commonly  not  only  J  spe- 
cious, but  small  at  the  beginning,  they  spread  over 
the  multitude  in  such  a  manner,  as  to  touch  indivi- 


Omnia  maJa  exempla  ex  Lords  initiis  orta  bunt. 

SALI.LST,  Bell,  Cat.  S.  50, 


duals  but  slightly,  f  Thus  they  are  disregarded- 
The  power  or  profit  that  arises  from  these  violati- 
ons centering  in  few  persons,  is  to  them  consider- 
able. For  this  reason  the  governors  having  in  view 
their  particular  purposes,  successively  preserve 
an  uniformity  of  conduct  for  attaining  them.  They 
regularly  increase  the  first  injuries,  till  at  length 
the  inattentive  people  are  compelled  to  perceive  the 

heaviness    of  their   burthens. They   begin  to 

complain  and  inquire but  too  late.     They  find 

their  oppressors  so  strengthened  by  success,  and 
themselves  so  entangled  in  examples  of  express 
authority  on  the  part  of  their  rulers,  and  of  tacit 
recognition  on  their  own  part,  that  they  are  quite 
confounded  :  for  millions  entertain  no  other  idea 
of  the  legality  of  power,  than  that  it  is  founded  on 
the  exercise  of  power.  They  voluntarily  fasten 
their  chains,  by  adopting  a  pusillanimous  opinion. 


f  "  The  republic  is  always  attached  with  greater  vigour,  than  it  is  defended: 
for  the  audacious  and  profligate,  prompted  by  their  natural  enmity  to  it,  are  ea- 
sily impelled  to  act  by  the  least  nod  of  their  leaders :  whereas  the  HONEST,  I  know 
not  why,  are  generally  slow  and  unwitting  to  stir ;  and  neglecting  always  the 
BE.GINNINGS  of  'things ,  are  never  roused  to  exert  themselves,  but  by  the  last 
necessity:  so  that  through  IRRESOLUTION  and  DELAY,  when  they  would  be 
glad  to  compound  at  last  for  their  QJDIET,  at  the  expence  even  of  their  HO- 
NOUR, they  commonly  lose  ibem  BOTH."  CICERO'S  Orat.  for  SEXTIUS. 

Such  were  the  sentiments  of  this  great  and  excellent  man,  whose  vase  abi- 
liries,  and  the  calamities  of  his  country  during  his  time,  enabled  him,  by  mourn- 
ful experience,  to  form  a  jus>t  judgment  on  the  conduct  of  the  friends  and  ene- 
tnics  of  liberty. 


(        252        ) 

"  that  there  will  be  too  much  danger  in  attempting 

"  a  remedy," or  another  opinion  no  less  fatal, 

"  that  the  government   has   a  right  to  treat 

"  them  as  it  does."  They  then  seek  a  wretched 
relief  for  their  minds,  by  persuading  themselves, 
that  to  yield  their  obedience,  is  to  discharge  their 
duty.  The  deplorable  poverty  of  spirit,  that  pros- 
trates all  the  dignity  bestowed  by  Divine  Provi- 
dence on  our  nature of  course  succeeds. 

FROM  these  reflections  I  conclude,  that  every  free 
state  should  incessantly  watch,  and  instantly  take 
alarm  on  any  addition  being  made  to  the  power 
exercised  over  them.  Innumerable  instances  might 
be  produced  to  shew,  from  what  slight  beginnings 
the  most  extensive  consequences  have  flowed  :  but 
I  shall  select  two  only  from  the  history  of  England. 

HENRY  the  seventh  was  tlie  first  monarch  of  that 
kingdom,  who  established  a  standing  body  of  arm- 
ed men.  This  was  a  band  of  fifty  archers,  called 
yeomen  of  the  guard  :  and  this  institution,  not- 
withstanding  the  smallness  of  the  number,  was,  to 
prevent  discontent,  J  "  disguised  under  pretence  of 
"  majesty  and  grandeur."  In  1684  the  standing 
forces  were  so  much  augmented,  that  Rapln  says 
— "  The  king,  in  order  to  make  his  people  fully 
tl  sensible  of  their  new  slavery,  affected  to  muster 

\  RjpMs  History  of  Er>«!ur,J. 


*'  his  troops,  which  amounted  to  4000  well  armed 

"  and  disciplined  men." 1  think  our  army,  at 

this  time,  consists  of  more  than  seventy  regiments. 

THE  method  of  taxing  by  EXCISE  was  first  in- 
troduced amidst  the  convulsions  of  the  civil  wars. 
Extreme  necessity  was  pretended  for  it,  and  its 
short  continuance  promised.  After  the  restoration, 
an  excise  upon  beer,  ale  and  other  liquors,  was 
granted  to  the  f  king,  one  half  in  fee,  the  other  for 
life,  as  an  equivalent  for  the  court  of  wards.  Upon 
James  the  second's  accession,  the  parliament  J  gave 
him  the  first  excise^  with  an  additional  duty  on 
'wine,  tobacco,  and  some  other  things.  Since  the 
revolution,  it  has  been  extended  to  salt,  candles, 
leather,  hides,  hops,  soap,  paper,  pasteboards,  mill- 
boards, scaleboards,  vellum,  parchment,  starch, 
silks,  calicoes,  linens,  stuffs,  printed,  stained,  %?c. 
wire,  wrought  plate,  coffee,  tea,  chocolate,  fcfc. 

THUS  a  standing  army  and  excise  have,  from 
their  first  slender  origins,  though  always  hated,  al- 
ways feared,  always  opposed,  at  length  swelled  up 
to  their  vast  present  bulk. 

THESE  facts  are  sufficient  to  support  what  I  have 
said.  'Tis  true,  that  all  the  mischiefs  apprehended 

f  12  Cbar.  II.  chap.  23  and  24. 
\  I  James  II.  chap.  I  and  4. 


by  our  ancestors,  from  a  standing  army  and  excise, 
have  not  yet  happened:  but  it  does  not  follow  from 
thence,  that  they  will  not  happen.  The  inside  of 
a  house  may  catch  fire,  and  the  most  valuable  apart- 
ments be  ruined,  before  the  flames  burst  out. 

The  question  in  these  cases  is  not,   what  evil   has 

actually  attended  particular  measures but  what 

evil,  in  the  nature  of  things,  is  likely  to  attend 
them.  Certain  circumstances  may  for  some  time 
delay  effects,  that  were  reasonably  expected,  and 
that  must  ensue.  There  was  a  long  period,  after 
the  Romans  had  prorogued  his  command  to  \  ^. 
Publilius  Pbilo,  before  that  example  destroyed 
their  liberty.  All  our  kings,  from  the  revolution 
to  the  present  reign,  have  been  foreigners.  Their 
ministers  generally  continued  but  a  short  time  in 
authority ;  J  and  they  themselves  were  mild  and 
virtuous  princes. 


f  In  the  year  of  the  city  428,  "  Duo  singularia  hsec  ei  vlro  primum  con- 
tigere  ;  prorogatio  imperil  non  ante  in  ullo  facta,  et  acto  honore  triumphus." 

Liv.  n.  8.  chap.  23.  26. 

"  Had  the  rest  of  the  Roman  citizens  imitated  the  example  of  L.  Quttttius, 
who  refused  to  have  his  consulship  continued  to  him,  they  had  never  admitted 
that  custom  of  proroguing  of  magistrates,  and  then  the  prolongation  of  their 
commands  in  the  army  had  never  been  introduced,  "which  very  thing  was  at 
length  the  ruin  of  that  commonwealth." 

MACHIAVEL'S  Discourses,  B.  3.  clap.  24. 

\  I  don't  know  hut  it  may  be  s^iid,  with  a  good  deal  of  reason,  that  a  quick 
rotation  of  ministers  is  very  desirable  in  Great-Britain.  A  minister  there  bns 


A  BOLD,  ambitions  prince,  possessed  of  great 
abilities,  firmly  fixed  in  his  throne  by  descent, 
served  by  ministers  like  himself,  and  rendered  ei- 
ther venerable  or  terrible,  by  the  glory  of  bis  suc- 
cesses, may  execute  what  his  predecessors  did  not 
dare  to  attempt.  Henry  the  fourth  tottered  in  his 
seat  during  his  whole  reign.  Henry  the  fifth  drew 
the  strength  of  that  kingdom  into  France,  to  carry 
on  his  wars  there,  and  left  the  commons  at  home, 
protesting,  "  that  the  people  were  not  bound  to 
serve  out  of  the  realm." 

IT  is  true,  that  a  strong  spirit  of  liberty  subsists 
at  present  in  Great-Britain;  but  what  reliance  is 
to  be  placed  in  the  temper  of  a  people,  when  the 
prince  is  possessed  of  an  unconstitutional  power, 
our  own  history  can  sufficiently  inform  us.  When 
'Charles  the  second  had  strengthened  himself  by  the 
return  of  the  garrison  of  Tangier,  England  (says 
RapinJ  saw  on  a  sudden  an  amazing  revolution; 
saw  herself  stripped  of  all  her  rights  and  privi- 
leges, excepting  such  as  the  king  should  vouchsafe 
to  grant  her  :  and  what  is  more  astonishing,  the 
English,  themselves,  delivered  up  these  very  rights 
and  privileges  to  Charles  the  second,  which  they 

a  vast  store  of  materials  to  work  with.    Long  at/ministrations  are  rather  favour- 
able to  the  refutation  of  a  people  abroad,  than  to  their  libtrty, 

VOL.   i.  2  K 


had  so  passionately,  and,  if  I  may  say  it,  furiously 
defended  against  the  designs  of  Charles  the  first." 
This  happened  only  thirty-six  years  after  this  last 
prince  had  been  beheaded. 

SOME  persons  are  of  opinion,  that  liberty  is  not 
violated,  but  by  such  open  acts  of  force  ;  but  they 
seem  to  be  greatly  mistaken.  I  could  mention  a 
period  within  these  forty  years,  when  almost  as 
great  a  change  of  disposition  was  produced  by  the 
secret  measures  of  a  LONG  administration,  as  by 
Charleses  violence.  Liberty,  perhaps,  is  never  ex- 
posed to  so  much  danger,  as  when  the  people  be- 
lieve there  is  the  least ;  for  it  may  be  subverted,  and 
yet  they  not  think  so* 

PUBLIC  disgusting  acts  are  seldom  practised  by 
the  ambitious,  at  the  beginning  of  their  designs. 
Such  conduct  silences  and  discourages  the  weak, 
and  the  wicked,  who  would  otherwise  have  been 
their  advocates  or  accomplices.  It  is  of  great  con- 
sequence^ to  allow  those  who,  upon  any  account, 
are  inclined  to  favour  them,  something  specious  to 
say  in  their  defence.  Their  power  may  be  fully 
established,  though  it  would  not  be  safe  for  them 
to  do  whatever  they  please.  For  there  are  things, 
which,  at  some  times,  even  slaves  will  not  bear. 
Juli us .  Caesar ,  and  Oliver  Cromwell,  did  not  dare 
to  assume  the  title  of  King.  The  Grand  Seignor 


dares  not  lay  a  new  tax.  The  king  of  France 
dares  not  be  a  protestant.  Certain  popular  points 
may  be  left  untouched,  and  yet  freedom  be  extin- 
guished. The  commonalty  of  Venice  imagine 
themselves  free,  because  they  are  permitted  to  do 
what  they  ought  not.  But  I  quit  a  subject  that 
would  lead  me  too  far  from  my  purpose. 

BY   the  late   act  of  parliament,  taxes  are  to  be 
levied  upon  us,  for  "  defraying  the  charge  of  the 

44  administration  of  justice the  support  of  civil 

*'  government and  the  expences  of  defending 

64  his  majesty's  dominions  in  America." 

IF  any  man  doubts  what  ought  to  be  the  conduct 
of  these  colonies  on  this  occasion,  I  would  ask  him 
-these  questions. 

HAS  not  the  parliament  expressly,  avowed  ikeir 
intention  of  raising  money  from  us/<?r  certain  pur- 
poses? Is  not  this  scheme  popular  in  Great- Britain? 
Will  the  taxes,  imposed  by  the  late  act,  answer 
those  purposes  ?  If  it  will,  must  it  not  take  an  im- 
mense sum  from  us  ?  If  it  will  not,  is  it  to  be  ex- 
pected, that  the  parliament  will  not  fully  execute 
their  intention  when  it  is  pleasing  at  borne,  and  not 
opposed  here  ?  Must  not  this  be  done  by  imposing 
new  taxes  ?  Will  not  every  addition,  thus  made  to 
our  taxes,  be  an  addition  to  the  power  of  the  British 


legislature,  by  increasing  the  number  of  officers  em- 
ployed in  the  collection  ?  Will  not  every  additional 
tax  therefore  render  it  more  difficult  to  abrogate 
any  of  them  ?  When  a  branch  of  revenue  is  once 
established,  does  it  not  appear  to  many  people  invi- 
dious and  undutiful,  to  attempt  to  abolish  it  ?  If 
taxes,  sufficient  to  accomplish  the  intention  of  the 
parliament,  are  imposed  by  the  parliament,  what 
taxes  will  remain  to  be  imposed  by  our  assem- 
blies ?  If  no  material  taxes  remain  to  be  imposed 
by  them,  what  must  become  of  them,  and  the  peo- 
ple they  represent  ? 

f  "  If  any  person  considers  these  things,  and 
"  yet  thinks  our  liberties  are  in  no  clanger,  I  won- 
u  der  at  that  person's  security «'* 

ONE  other  argument,  is  to  be  added,  which,  by 
itself,  I  hope,  will  be  sufficient  to  convince  the 
most  incredulous  man  on  this  continent,  that  the 
late  act  of  parliament  is  only  designed  to  be  a  pre- 
cedent, whereon  the  future  vassalage  of  these  colo- 
nies may  be  established. 

EVERY  duty  thereby  laid  on  articles  of  British 
manufacture,  is  laid  on  some  commodity,  upon  the 
exportation  of  which  from  Great- Britain,  a  draw- 
back is  payable.  Those  drawbacks,  in  most  of  the 
articles,  are  exactly  double  to  the  duties  given  by 

•j-  Bcmosthenes's  ad  Philippic. 


(    269   ) 

the  late  act.     The  parliament  therefore  might,  in 
half  a  dozen  lines,  have  raised  much  more  money, 
only  by  stopping  the  drawbacks  in  the  hands  of  the 
officers  at  home,   on  exportation  to  these  colonies, 
than  by  this  solemn  imposition  of  taxes  upon  us, 
to  be  collected  here.     Probably,  the  artful  contri- 
vers of  this  act  formed  it  in  this  manner,  in  order 
to  reserve  to  themselves,  in  case  of  any  objections 
being  made  to  it,   this  specious  pretence — t(>  that 
41  the  drawbacks  are  gifts  to  the  colonies,  and  that 
u  the  late  act  only  lessens  those  gifts."     But  the 
truth  is,  that  the  drawbacks  are  intended  for  the 
incouragement  and  promotion  of  British  manufac- 
tures and  commerce,  and  are  allowed  on  exportati- 
on to  any  foreign  parts,  as  well  as  on  exportation 
,to  these  provinces.     Besides,  care  has  been  taken 
to  slide  into  the  act,   some  articles  on  which  there 
are  no  drawbacks.     However,  the  whole  duties  laid 
by  the  late  act  on  all  the  articles  therein  specified 
are  so  small,  that  they  will  not  amount  to  as  much 
as  the  drawbacks  which  are   allowed  on  part  of 
them  only.     If  therefore,  the  sum  to  be  obtained  by 
the  late  act,  had  been  the  sole  object  in  forming  it, 
there  would  not  have   been  any  occasion  for  "  the 
commons   of  Great-Britain,  to  give  and  grant  to 
his  majesty  rates  and  duties  for  raising  a  revenue 
IN  bis  majesty' fs  dominions  in  America,  for  making 
a  more  certain  and  adequate  provision  for  defraying 
the  charges  of  the  administration  of  justice,  the 


support  of  civil  government,  and  the  expence  of 
defending  the  said  dominions;" — nor  would  there 
have  been  any  occasion  for  an  f  expensive  board  of 
commissioners,  and  all  the  other  new  charges  to. 
which  we  are  made  liable. 

UPON  the  whole,  for  my  part,  I  regard  the  late 
act  as  an  experiment  made  of  our  ^disposition.  It 
is  a  bird  sent  out  over  the  waters,  to  discover,  whe- 
ther the  waves,  that  lately  agitated  this  part  of  the 

world  with  such  violence,  are  yet  subsided. If 

this  adventurer  gets  footing  here,  we  shall  quickly 
find  it  to  be  of  the  t  kind  described  by  the  poet. — 

"  Infclix  vates" 

A  direful  foreteller  of  future  calamities,  A  FARMER. 

f  The  expence  of  this  board,  I  am  informed,  is  between  four  and  five  thou-. 
sand  pounds  sterling  a  year.  The  establishment  of  officers,  for  collecting  the 
revenue  in  America,  amounted  before  to  seven  thousand  six  hundred  poundj 
per  annum  ;  and  yet,  says  the  author  of  "  the  regulation  of  the  colonies,"  "  the 
whole  remittence  from  all  the  taxes  in  the  colonies,  at  an  average  of  thirty 
years,  has  not  amounted  to  one  thousand  nine  hundred  pounds  a  year,  and  in 
that  sum  seven  or  eight  hundred  pounds  per  annum  only,  have  been  remittee^, 
from  North- America. 

The  smallness  of  the  revenue  arising  from  the  duties  in  America,  demon- 
strates that  they  were  intended  only  as  regulations  of  trade :  and  can  any  person 
be  so  blind  to  truth,  so  dull  of  apprehension  in  a  matter  of  unspeakable  impori- 
ance  to  his  country,  as  to  imagine,  that  the  board  of  commissioners  lately 
established  at  such  a  charge,  is  instituted  to  assist  in  collecting  one  thousand 
nine  hundred  pounds  a  year,  or  the  trifling  duties  imposed  by  the  late  act  ? 
Surely  every  man  on  this  continent  must  perceive,  that  they  are  established  for 
the  care  of  a  neiv  system  of  revenue,  which  is  but  now  begun. 

\  «  Dira  catene,"  &c.   Virgil,  Mndd  3. 


LETTER     XII. 


MY  DEAR  COUNTRYMEN, 

SOME  states  have  lost  their  liberty,  by  parti- 
cular accidents  :  but  this  calamity  is  generally  ow- 
ing to  the  decay  of  virtue.  A  people  is  travelling 
fast  to  destruction,  when  individuals  consider  their 
interests  as  distinct  from  those  of  the  public.  Such 
notions  are  fatal  to  their  country,  and  to  themselves. 
Yet  how  many  are  there,  so  'weak  and  sordid  as  to 
think  they  perform  all  the  offices  of  life,  if  they 
earnestly  endeavour  to  increase  their  own  toeaitb, 
pQiver,  and  credit,  without  the  least  regard  for  the 
society,  under  the  protection  of  which  they  live  ; 
who  if  they  can  make  an  immediate  profit  to  them- 
sefocs,  by  lending  their  assistance  to  those,  whose 
projects  plainly  tend  to  the  injury  of  their  country, 
rejoice  in  their  dexterity,  and  believe  themselves 
intitled  to  the  character  of  able  politicians.  Mise- 
rable men  !  Of  whom  it  is  hard  to  say,  whether 
they  ought  to  be  most  the  objects  of  pity  or  con- 
tempt. But  whose  opinions  are  certainly  as  detest- 
able, as  their  practices  are  destructive. 

^^IB 

THOUGH  I  always  reflect,  with  a  high  pleasure, 
on  the  integrity  and  understanding  of  my  country- 


(        272        ) 

men,  which,  joined  with  a  pure  and  humble  devo- 
tion to  the  great  and  gracious  Author  of  every  bless- 
ing they  enjoy,  will,  I  hope,  insure  to  them,  and 
their  posterity,  all  temporal  and  eternal  happiness  ; 
yet  when  I  consider,  that  in  every  age  and  country 
there  have  been  bad  men,  my  heart,  at  this  threat- 
ening period,  is  so  full  of  apprehension,  as  not  to 
permit  me  to  believe,  but  that  there  may  be  some 
on  this  continent,  against  whom  you  ought  to  be 

upon  your  guard men,  who  eitherf    hold,   or 

expect  to  hold  certain  advantages,  by  setting  exam- 


f  Tr  is  not  intended,  by  thesr  words,  to  throw  any  reflection  upon  gentle- 
men because  they  are  possessed  of  offices  :  for  many  of  them  are  certainly  men 
of  virtue,  and  lovers  of  their  country.  But  supposed  obligations  of  gratitude* 
and  honour,  may  induce  them  to  be  silent.  Whether  these  obligations  ought  to 
ie  regarded  or  not,  is  not  so  much  to  be  considered  by  otheis,  in  the  judgment 
they  form  of  these  gentlemen,  as  whether  they  think  they  ought  to  be  regarded. 
Perhaps,  therefore,  we  shall  act  in  the  properest  manner  towards  them,  if  we 
neither  reproach  nor  imitate  them.  The  persons  meant  in  this  letter,  are  the 
tase  spirited  wretches ,  who  may  endeavour  to  distinguish  themselves,  by  their  sordid 
xeal  in  defending  and  promoting  measures,  which  they  Inoiv,  beyond  all  question, 
to  be  destructive  to  the  just  rights  and  true  interests  of  their  country.  It  is  scarce- 
ly possible  to  speak  of  these  men  with  any  degree  &[  patience—  it  is  scarcely  possi- 
ble to  speak  of  them  with  any  degree  of  propriety  -for  no  words  can  truly 
describe  their  guilt  and  meanness — but  every  honest  bosom,  on  their  being  men- 
tioned, \\i\\feel  what  cannot  be  expressed. 

If  their  wickedness  did  not  blind  them,  they  might  perceive  along  the  coast 
of  these  colonies,  many  men,  remarkable  instances  of  wrecked  ambition,  who, 
distinguishing  themselves  in  the  support  of  the  stamp-acty  by  a  courageous 
mpt   of  their  country,  and  of  justice,  have  been  left  to  linger  out  their 
•"able  existence,  vathout  a  government,  col lectorship,  secretaryship,  or  any 
$5|i»T  commission,  to  console  them  as  ivell  as  it  could,  for  loss  of  virtue  and  re- 
^Btion—  while  numberless  offices  have  been  bestowed  in  these  colonies  on 


(       273       ) 

pies,  of  servility  to  their  countrymen — men,   who 
trained  to  the  employment,  or  self  taught  by  a  na- 
tural versatility  of  genius,  serve  as  decoys  for  draw- 
ing the  innocent  aftd  unwary  into  snares.     It  is  not 
to  be  doubted,  Jaut  that  such  men  will  diligently 
bestir  themselves  on  this  and  every  like   occasion, 
to  spread  the  infection  of  their  meanness  as  far  as 
they   can.     On  the  plans  they  have  adopted,  this 
is  their  course.     This   is  the   method  to  recom- 
mend themselves  to  their  patrons. 


people  from  Great-Britain,  and  new  ones  are  continually  invented,  to  foe  thus 
bestowed.     As  a  fciv  great  prizes  are  put  into  a  lottery  to  tempt  multitudes  to 

lose,   so  here  -a^di  there  an  American  has  been  raised  to  a  good  post. 

"  Apparent  rari  nantes  in  giirgite  vasto." 

Mr.  Grcnvillt'j  indeed,  in  order  to  recommend  the  stamp-act,  had  the  unequalled 
generosity,  to  pour  down  a  golden  shower  of  offices  upon  Americans ;  and  yet 
these  ungrateful  colonies  did  not  thank  mr.  Grewoille  for  shewing  his  kindness  to 
their  countrymen,  nor  them  for  accepting  it.  How  must  that  great  statesman 
have  been  surprised,  to  find,  that  the  unpolished  colonies  could  not  be  recon- 
ciled to  infamy  by  treachery?  Such  a  bountiful  disposition  towards  us,  never  ap- 
peared in  any  minister  before  him,  and  probably  never  will  appear  again  :  for 
it  is  evident,  that  such  a  system  of  policy  is  to  be  established  on  this  continent, 
as,  in  a  short  time,  is  to  render  it  utterly  unnecessary  to  use  the  least  art  in 
order  to  conciliate,  our  approbation  of  any  measures.  Some  of  our  countrymen 
may  be  employed  to  fix  chains  upon  us,  but  they  will  never  be  permitted  to 
/joIJthcm  afterwards.  So  that  the  utmost,  that  any  of  them  can  expect,  is 
only  a  temporary  provision,  that  may  expire  in  their  own  time  ;  but  which,  they 
may  be  assured,  will  preclude  their  children  from  having  any  consideration  paid 
to  them.  Natives  of  America  must  sink  into  total  neglect  and  contempt,  the  mo- 
ment that  their  country  loses  the  constitutional  powers  she  now  possesses. 

VOL.  i.  2  L 


FROM  them  \ve  shall  learn,  how  pleasant  and 
profitable  a  thing;  it  is,  to  be  for  our  SUBMISSIVE 
behaviour  IDC!!  spoken  of  at  St.  James's,  or  St. 
Stephen^  ;  at  Guildhall,  or  the  Royal  Exchange. 
Specious  fallacies  will  be  drest  up  with  all  the  arts 
of  delusion,  to  persuade  one  colony  to  distinguish 
herself  from  another,  by  unbecoming  condescensi- 
ons, which  will  serve  the  ambitious  purposes  of 
great  men  at  home,  and  therefore  will  be  thought 
by  them  to  intitle  their  assistants  in  obtaining  them 
to  considerable  rewards. 

OUR  fears  will  be  excited.     Our  hopes  will  be 

awakened. It  will  be  insinuated  to  us,  with  a 

plausible  affectation  of  "wisdom  and  concern,  how 
prudent  it  is  to  please  the  powerful — how  danger- 
ous to  provoke  them — and  then  comes  in  the  per- 
petual incantation  that  freezes  up  every  generous 
purpose  of  the  soul  in  cold,  inactive  expectation — 
"  that  if  there  is  any  request  to  be  made,  compli- 
ance will  obtain  a  favourable  attention." 

OUR  vigilance  and  our  union,  are  success  and 
safety.  Our  negligence  and  our  division^  are  dis- 
tress and  death.  They  are  worse they  are 

shame  and  slavery.  Let  us  equally  shun  the  be- 
numbing stillness  of  overweening  sloth,  and  the 
feverish  activity  of  that  ill  informed  zeal,  which 
busies  itself  in  maintaining  little,  mean  and  narrow 


275 

opinions.  Let  us,  with  a  truly  wise  generosity 
and  charity,  banish  and  discourage  all  illiberal 
distinctions,  which  may  arise  from  differences  in 
situation,  forms  of  government,  or  modes  of  reli- 
gion. Let  us  consider  ourselves  as  men — freemen 
— Christian  freemen — separated  from  the  rest  of 
the  world,  and  firmly  bound  together  by  the  same 
rights,  interests,  and  dangers.  Let  these  keep  our 
attention  inflexibly  fixed  on  the  great  objects,  which 
we  must  contiually  regard,  in  order  to  preserve 
those  rights,  to  promote  those  interests,  and  to 
avert  those  dangers. 

LET  these  truths  be  indelibly  impressed  on  our 
minds — that  we  cannot  be  HAPPY,  without  being 
FREE — that  we  cannot  be  free,  without  being  secure 
in  our  property — that  we  cannot  be  secure  in  our 
property,  if  without  our  consent,  others  may,  as  by 
right,,  take  it  away — that  taxes  imposed  on  Jis  by 
parliament,  do  thus  take  it  away — that  duties  laid 
for  the  sole  purpose  of  raising  money,  are  taxes — 
that  attempts  to  lay  such  duties  should  be  instantly 
and  firmly  opposed — that  this  opposition  can  never 
be  effectual,  unless  it  is  the  united  effort  of  these 
provinces — that  therefore  BENEVOLENCE  of  tem- 
per towards  each  other,,  and  UNANIMITY  of  coun- 
sels, are  essential  to  the  welfare  of  the  whole 

and  lastly,  that  for  this  reason,  every  man  amongst 
us,  who  in  any  manner  would    incourage  either 


dissention,  diffidence,  or  indifference,  between  these 
colonies,  is  an  enemy  to  himself,  and  to  bis  coun- 
try. 

THE  belief  of  these  truths,  I  verily  think,  my 
countrymen,  is  indispensibly  necessary  to  your 

happiness. 1  beseech  you,   therefore,  f  "  teach 

them  diligently  unto  your  children,  and  talk  of 
them  when  you  sit  in  your  houses,  and  when  you 
walk  by  the  way,  and  when  you  lie  down,  and 
when  you  rise  up.'* 

WHAT  have  these  colonies  to  ask,  while  they 
continue  free  ?  Or  what  have  they  to  dread,  but 
insidious  attempts  to  subvert  their  freedom  ?  Their 
prosperity  does  not  depend  on  ministerial  favours 
doled  out  to  particular  provinces.  They  form  one 
political  body,  of  which  each  colony  is  a  member. 
Their  happiness  is  founded  on  their  constitution, 
and  is  to  be  promoted,  by  preserving  that  constitu- 
tion in  unabated  vigour,  throughout  e^ery  part. — 
A  spot,  a  speck  of  decay,  however  small  the  limb 
on  which  it  appears,  and  however  remote  it  may 

seem  from  the  vitals,  should  be  alarming. We 

have  all  the  rights  requisite  for  our  prosperity. — 
The  legal  authority  of  Great-Britain  may  indeed 
lay  hard  restrictions  upon  us  ;  but,  like  the  spear 
of  Telepbus,  it  will  care  as  well  as  wound. Her 

f  Deuteron.  vi.  7. 


(     277     ) 

unkindness  will  instruct  and  compel  us,  after  some 
time,  to  discover,  in  our  Industry  and  frugality, 
surprising  remedies — if  our  rights  continue  unviola- 

tcd : for  as  long  as  the  products  of  our  labour, 

and  the  rewards  of  our  care,  can  properly  be  called 
our  own,  so  long  it  will  be  worth  our  while  to  be 
industrious  and  frugal.  But  if  when  we  plow — 
sow — reap — gather — and  thresh — we  find,  that  we 
plow — sow — reap — gather — and  thresh /<?r  others, 
whose  PLEASURE  is  to  be  the  SOLE  LIMIT- 
ATION  bow  much  they  shall  take,  and  how  much 
they  shall  leave,  WHY  should  we  repeat  the  unpro- 
fitable toil  ? Horses  and  oxen  are  content  with 

that  portion  of  the  fruits  of  their  work,  which 
their  owners  assign  them,  in  order  to  keep  them 
strong  enough  to  raise  successive  crops  ;  but  even 
these  beasts  will  not  submit  to  draw  for  their  mas- 
ters, until  they  are  subdued  by  whips  and  goads. 

LET  us  take  care  of  our  rights,  and  we  therein 
take  care  of  our  prosperity.*  "  SLAVERY  IS 
"  EVER  PRECEDED  BY  SLEEP."  Indivi- 
duals may  be  dependent  on  ministers,  if  they  please* 
States  should  scorn  it ; and  if  you  are  not  want- 
ing to  yoursehes,  you  will  have  a  proper  regard 
paid  you  by  those,  to  whom  if  you  are  not  respect- 

able,  you  will  be  contemptible.    But if  we  have 

already  forgotten  the  reasons  that  urged  us,  with  un- 
exampled unanimity,  to  exert  ourselves  two  years 

*  -Montesquieu's  Spirit  of  Laws,  book  14,  chap.  13. 


(     278     ) 

ago if  our  zeal  for  the  public  good  is  worn  out 

before  the  homespun  clothes,   which  it  caused  us  to 

have  made if  our  resolutions  arc  so  faint,  as  by 

our  present  conduct  to  condemn  our  own  late  suc- 
cessful example if  we  are  not  affected  by  any 

reverence  for  the  memory  of  our  ancestors,  who 
transmitted  to  us  that  freedom  in  which  they  had 

been  blest if  ive  are  not  animated  by  any  regard 

for  posterity,  to  whom,  by  the  most  sacred  obliga- 
tions, we  are  bound  to  deliver  down  the  invalu- 
able inheritance THEN,  indeed,  any  minister — 

or  any   tool  of  a  minister or   any  creature  of  a 

tool  of  a  minister or  any  lower  -\  instrument  of\ 

administration,  if  lower  there  be,  is  a  personage 
whom  it  may  be  dangerous  to  oflend. 

f  "  Instrumenta  rcgni,"  Tacitus' s  Ann.  look  12,  sect.  66. 

\  If  any  person  shall  imagine  that  he  discovers,  in  these  letters,  the  least 
dislike  of  the  dependence  of  these  colonies  on  Great-Britain,  I  beg  that  such 
person  will  not  form  any  judgment  on  particular  expressions,  but  will  consider 
the  tenor  of  all  tJ:e  Idlers  taken  together.  In  that  case,  I  flatter  myself,  that  every 
unprejudiced  reader  will  be  convinced,  that  the  true  interests  of  Great-Britain 
are  as  dear  to  me,  as  they  ought  to  be  to  every  good  subject. 

If  I  am  an  enthusiast  in  any  thing,  it  is  in  my  zeal  for  the  perpetual  de- 
pendence of  these  colonies  on  their  mother  country. — A  dependence  founded  en 
mutual  benefits,  the  continuance  of  which  can  be  secured  only  by  mutual  affccti- 
ens.  Therefore  it  is,  that  with  extreme  apprehension  I  view  the  smallest  seeds 
of  discontent,  which  are  unwarily  scattered  abroad.  /V/ty  or  sixty  years  will 
make  astonishing  alterations  in  these  colonies ;  and  this  consideration  should 
render  it  the  business  of  Great-Britain  more  and  more  to  cultivate  our  good 
dispositions  towards  her  :  but  the  misfortune  is,  that  those  great  mm,  who  are 


279     ) 

I  SHALL  be  extremely  sorry,  if  any  man  mis- 
takes my  meaning  in  any  thing  I  have  said.  Offi- 
cers employed  by  the  crown,  are,  while  according 
to  the  laws  they  conduct  themselves,  intitled  to  le- 
gal obedience  and  sincere  respect.  These  it  is  a 


wrestling  for  power  at  home,  think  themse^es  very  slightly  Interested  in  the 
prosperity  of  their  countrv^ty  or  sixty  years  hence,  but  are  deeply  concerned 
in  blowing  up  a  popular  clamor  for  supposed  immediate  advantages. 

For  my  part,  I  regard  Great-Britain  as  a  bulwark,  happily  fixed^betwecn 
these  colonies  and  the  powerful  nations  of  Europe.  That  kingdom  remaining 
safe,  we,  under  its  protection,  enjoying  peace,  may  diffuse  the  blessings  of 
religion,  science,  and  liberty,  through  remote  wildernesses.  It  is  therefore  in- 
contestibly  our  duty,  and  our  interest,  to  support  the  strength  of  Great-Britain* 
When  confiding  in  that  strength,  she  begins  to  forget  from  whence  it  arose, 
it  will  be  an  easy  thing  to  shew  the  source.  She  may  readily  be  reminded  of 
the  loud  alarm  spread  among  her  merchants  and  tradesmen,  by  the  universal 
association  of  these  colonies,  at  the  time  of  the  stamp-act,  not  to  import  any  of 
her  manufactures. 

In  the  year  1718,  the  Russians  and  Sivrdes  entered  into  an  agreement,  not 
to  suffer  Great-Britain  to  export  any  naval  stores  from  their  dominions  but  in 
Russian  or  Swedish  ships,  and  at  their  own  prices.  Grtat- Britain  was  distressed. 
Pitch  and  tar  rose  to  three  founds  a  barrel.  At  length  she  thought  of  getting 
these  articles  from  the  colonies ;  and  the  attempt  succeeding,  they  fell  down  to 
fifteen  shillingi.  In  the  year  1756,  Great-Britain  was  threatened  with  an  invasion. 
An  easterly  wind  blowing  for  six  weeks,  she  could  not  man  her  fleet,  and  the 
whole  nation  was  thrown  into  the  utmost  consternation.  The  wind  changed. 
The  American  ships  arrived.  The  fleet  sailed  in  ten  or  fifteen  days.  There 
arc  some  other  reflections  on  this  subject,  worthy  of  the  most  deliberate  atten- 
tion of  the  British  parliament ;  but  they  are  of  such  a  nature,  that  I  do  not 
choose  to  mention  them  publicly.  I  thought-  it  my  duty,  in  the  year  1765, 
while  the  stamp-act  was  in  suspciice,  to  write  my  sentiments  to  a  gentleman  of 
great  influence  at  home,  who  afterwards  distinguished  himself,  by  espousing 
our  cause,  in  the  debates  concerning  the  repeal  of  that  act. 


duty  to  render  them ;  and  these  no  good  or  prudent 
person  will  withhold.     But   when    these  officers, 
through  rashness  or  design,   desire  to  inlarge  their 
authority  beyond  its  due  limits,  and  expect  impro- 
per concessions  to  be  made  to  them,  from  regard  for 
the  employments  they  bear,  their  attempts  should 
be  considered  as  equal   injuries  to  the  crown   and 
people,  and  should  be  courageously  and  constantly 
opposed.    To  suffer  our  ideas  to  be  confounded  by 
names,  on  such  occasions,    would   certainly  be  an 
inexcusable  weakness,   and  probably  an   irremedi- 
able error. 

WE  have  reason  to  believe,  that  several  of  his 
majesty's  present  ministers  are  good  men,  and 
friends  to  our  country  ;  and  it  seems  not  unlikely, 
that  by  a  particular  concurrence  of  events,  we  have 
been  treated  a  little  more  severely  than  they  wish- 
ed we  should  be. They  might  not  think  it  pru- 
dent to  stem  a  torrent.  But  what  is  the  difference 
to  7/5",  whether  arbitrary  acts  take  their  rise  from 
ministers,  or  are  permitted  by  them  ?  Ought  any 
point  to  be  allowed  to  a  good  minister,*  that  should 
be  denied  to  a  bad  one  ?  The  mortality  of  minis- 
ters, is  a  very  frail  mortality.  A may  succeed 

a  Sbelburne A may  succeed  a  Conivay. 

'*  Ubi  imper  mm  ad  ignaros  aut  minus  foonos  pcrvenit ;  noi'itm  illud  exemplum 
ab  dignis  &  idoneis,  ad  indignos  &  non  idoneos  transfartur. 

Sail.  Bell.  Cat.  §50. 


(       28 1       ) 

WE  find  a  new  kind  of  minister  lately  spoken 
of  at  home — "  the  minister  of  the  house  of  com- 
"  mons."  The  term  seems  to  have  peculiar  pro- 
priety when  referred  to  these  colonies,  ivitb  a  dif- 
ferent meaning  annexed  to  it,  from  that  in  which 
it  is  taken  there.     By  the  word  "  minister,"  we 
may  understand  not  only  a  servant  of  the  crown, 
but  a  man  of  Influence  among  the  commons,  who 
regard  themselves  as  having  a  share   in  the  sove- 
reignty over  us.     The  "  minister  OF  the  house" 
may,   in  a  point   respecting   the  colonies,    be   so 
strong,  that  the  minister  of  the  crown  in  the  house, 
if  he  is  a  distinct  person,   may  not  choose,  even 
where  his  sentiments  are  favourable  to  us,  to  come 
to  a  pitched  battle  upon  our  account.     For  though 
I  have  the  highest  opinion  of  the  deference  of  the 
house  for  the  king's  minister,  yet  he  may  be  so 
good-natured,  as  not  to  put  it  to  the  test,  except  it 
be  for  the  mere  and  immediate  profit  of  his  master 
or  himself. 

BUT  whatever  kind  of  minuter  he  is,  that  at- 
tempts to  innovate  a  single  iota  in  the  privileges 
of  these  colonies,  him  I  hope  you  will  undauntedly 
oppose  ; and  that  you  will  never  suffer  your- 
selves to  be  either  cheated  or  frightened  into  any 
unworthy  obsequiousness.  On  such  emergencies 
you  may  surely,  without  presumption  believe,  that 

VOL.   i.  2  M 


(         282         ) 

ALMIGHTY  GOD  himself  will  look  down  upon 
your  righteous  contest  with  gracious  approbation. 
You  will  be  a  "  band  of  brothers"  cemented  by  the 
dearest  ties, and  strengthened  with  inconceiv- 
able supplies  of  force  and  constancy,  by  that  sympa- 
thetic ardor,  which  animates  good  men,  confederat- 
ed in  a  good  cause.  Your  honour  and  welfare  will 
be,  as  they  now  are,  most  intimately  concerned  ; 
and  besides you  are  assigned  by  Divine  Provi- 
dence, in  the  appointed  order  of  things,  the  protect- 
ors of  unborn  ages,  whose  fate  depends  upon  your 
virtue.  Whether  they  shall  arise  fat  generous  and 
indisputable  heirs  of  the  noblest  patrimonies,  or  the 
dastardly  and  hereditary  drudges  of  imperious  task- 
masters, YOU  MUST  DETERMINE, 

To  discharge  this  double  duty  to  yourselves,  and 
to  your  posterity,  you  have  nothing  to  do>  but  to 
call  forth  into  use  the  good  sense  and  spirit  of  which 
you  are  possessed.  You  have  nothing  to  do,  but 
to  conduct  your  affairs  peace 'ably,  prudently,  firmly , 
jointly*  By  these  means  you  will  support  the  cha- 
racter of  freemen,  without  losing  that  of  faithful 
subjects — a  good  character  in  any  government — 

one  of  the  best  under  a  British  government. 

You  will  prove,  that  Americans  have  that  true 
magnanimity  of  soul  that  can  resent  injuries,  with- 
out falling  into  rage  ;  and  that  though  your  devo- 
tion to  Great-Britain  is  the  most  affectionate,  vet 


you  can  make  proper  distinctions,  and  know  what 
you  owe  to  yourselves,  as  well  as  to  her — you  will, 
at  the  same  time  that  you  advance  your  inter estSj 
advance  your  reputation — you  will  convince  the 
world  of  the  justice  of  your  demands  and  the  purity 
of  your  intentions. — While  all  mankind  must,  with 
unceasing  applauses,  confess,  that  you  indeed  de- 
serve liberty,  who  so  well  understand  it,  so  passion- 
ately  love  it,  so  temperately  enjoy  it,  and  so  wisely ', 
bravely,  and  virtuously  assert,  maintain,  and  de- 
fend it. 

"  Certe  ego  liber  tat  cm,  qua  mibi  a  parente  meo 
"  traditaest,  experiar:  vcrum  id  frustra  an  ob 
"  rem  faclam,  in  vestra  manu  situm  est,  quiri- 
"  tcs." 

FOR  my  part,  I  am  resolved  to  contend  for  the 
liberty  delivered  down  to  me  by  my  ancestors; 
but  whether  I  shall  do  it  effectually  or  not,  de- 
pends on  you,  my  countrymen. 

"  How  little  soever  one  is  able  to  write,  yet 
"  when  the  liberties  of  one's  country  are  threat- 
4C  ened,  it  is  still  more  difficult  to  be  silent." 

A     FARMER. 


Is  there  not  the  strongest  probability,  that  if 
the  universal  sense  of  these  colonies  is  immediately 
expressed  by  resolves  of  the  assemblies,  in  support 
of  their  rights,  by  instructions  to  their  agents  on 
the  subject,  and  by  petitions  to  the  crown  and  par- 
liament for  redress,  these  measures  will  have  the 
same  success  now7,  that  they  had  in  the  time  of  the 
stamp-act  D. 


THE  END  OF  THE  FARMER'S  LETTER? 


A  N 


ESSAY 

ON  THE  CONSTITUTIONAL  POWER  OF  GREAT- 
BRITAIN  OVER  THE  COLONIES  IN 
AMERICA  ; 


WITH   THE 


RESOLVES 

OF  THE  COMMITTEE  FOR  THE  PROVINCE 
OF  PENNSYLVANIA, 


AND    THEIR 


INSTRUCTIONS    TO  THEIR  REPRESENTATIVES 
IN  ASSEMBLY. 


PRINTED  AT   PHILADELPHIA,  IN  THE  YEAR   I774« 


/• 


EXTRACT 


FROM  THE 


MINUTES  OF  THE  COMMITTEE, 


SATL7RDAT,  JULY  16,  [1774.] 

1  HE  committee  for  the  [province  of  Pennsyl- 
vania'] met  according  to  adjournment. 

JOHN  DICKINSON,  Doctor  WILLIAM  SMITH, 
JOSEPH  READ,  JOHN  KIDD,  ELISH A  PRICE,  WIL- 
LIAM ATLEE,  JAMES  SMITH,  JAMES  WILSON, 
DANIEL  BROADHEAD,  JOHN  OKELY,  and  WIL- 
LIAM SCULL,  are  appointed  to  prepare  and  bring 
in  a  draught  of  instructions. 


s88 


Monday,  July  18.  *  The  committee  appointed 
to  bring  in  instructions,  reported,  that  they  had 
made  a  draught,  which  they  laid  upon  the  table. 

Moved,  That  they  be  read  -  which  was  done. 

Tuesday,  July  19.  Upon  a  motion  made  and 
seconded,  agreed  that  the  draught  of  instructions 
brought  in  by  the  committee,  and  which  were  read, 
be  re  -committed  to  the  same  committee. 

Wednesday,  July  20.  The  committee  having 
brought  in  a  draught  of  instructions,  the  same  were 
debated,  amended  and  agreed  to. 

Thursday,  July  21.  The  instructions  were  sign- 
ed by  the  chairman.  --  The  committee  in  a  bod}*, 
waited  on  the  assembly  then  sitting,  and  present- 
ed the  same. 

IT  having  been  moved,  that  the  essay  of  the  in- 
structions first  proposed  to  be  given  to  the  honour- 


*  The  committees  of  the  counties  having  been  invited,  by  the  committee 
for  the  city  and  county  of  Pb'iladdpbla^  to  meet  them  at  Pblladelpbia  on  the 
Jjthof  July ;  this  committee  thought  it  their  duty,  to  make  some  preparation 
in  the  business,  that  was  to  be  laid  before  the  provincial  committee  by  them. 
On  the  4th  of  July  they  appointed  a  committee  for  this  purpose ;  and  this 
measure  enabled  these  appointed  by  the  provincial  committee  to  bring  in  a 
draught  so  soon. 


able  assembly  of  Pennsylvania,  by  the  provincial 
committee  assembled  at  Philadelphia,  the  18th  in- 
stant, might  be  abridged,  leaving  out  the  argument- 
ative part,  so  as  to  be  more  proper  for  instructi- 
ons, the  same  was  agreed  to  ;  but  resolved  at  the 
same  time,  that  the  whole  work  ought  to  be  pub- 
lished, as  highly  deserving  the  perusal  and  serious 
consideration  of  every  friend  of  liberty  within  these 
colonies. 

Agreed  unanimously,  That  the  thanks  J  of  this 
committee  be  given  from  the  chair  to  JOHN  DICK- 


\  Mr.  Dickinson  being  absent  this  day,  on  account  of  the  funeral  of  a  relati- 
on, the  next  day  the  chairman,  in  a  very  obliging  manner,  delivered  to  him 
from  the  chair  the  thanks  of  the  committee ;  to  which  he  replied : 

'*  Mr.  CHAIRMAN, 

"  I  heartily  thank  this  respectable  assembly  for  the  honour  they  have  confer- 
red upon  me,  but  want  words  to  express  the  sense  I  feel  of  their  kindness. 
The  mere  accidents  of  meeting  with  particular  books,  and  conversing  with 
particular  men,  led  me  into  the  train  of  sentiments,  which  the  committee  are 
pleased  to  think  just ;  and  others,  with  the  like  opportunities  of  information, 
would  much  better  have  deserved  to  receive  the  thanks,  they  now  generously 
give.  I  consider  the  approbation  of  this  company  as  an  evidence,  that  they  en- 
tertain a  favourable  opinion  of  my  good  intentions,  and  as  an  incouragement 
for  all  to  apply  themselves,  in  these  unhappy  times,  to  the  service  of  the  pub- 
lic, since  even  small  endeavours  to  promote  that  service,  can  find  a  very  valu- 
able reward.  I  will  try,  during  the  remainder  of  my  life,  to  remember  my 
duty  to  our  common  country,  and,  if  it  be  possible,  to  render  myself  worthy 
of  the  honour  for  which  I  now  stand  so  deeply  indebted. 

"  I  thank  you,  sir,  for  the  polite  and  affectionate  manner,  in  which  you  have 
communicated  the  sense  of  the  committee  to  me." 

VOL.   i.  2  N 


C    290    ) 

INSON,  esquire,  for  the  great  assistance  they  have 
derived  from  the  laudable  application  of  his  emi- 
nent abilities,  to  the  service  of  his  country  in  the 
above  performance. 


Extract  from  the  minutes, 


CHARLES  THOMSON,  clerk  of  tie  commttte. 


PREFACE. 

VV  HEN  the  committee  for  preparing  a 
draught  of  instructions  was  appointed,  it  was 
considered,  whether  it  would  not  be  proper,  to 
form  some  kind  of  a  sketch,  however  imperfect 
it  might  be,  of  all  the  grievances,  of  the  colo- 
nies, and  of  course  of  their  constitutional  rights. 

SUCH  an  attempt,  tho'  very  rude,  might  be 
improved  by  better  hands;  and  it  seemed  abso- 
lutely necessary,  no  longer  to  confine  ourselves 
to  occasional  complaints  and  partial  remedies, 
but,  if  possible,  to  attain  some  degree  of  cer- 
tainty concerning  our  lives,  liberties  and  pro- 
perties. 

IT  was  perceived,  that  if  the  instructions 
should  be  formed  on  this  plan,  they  would  com- 


C    292    ) 

prehend  many  and  very  important  positions, 
which  it  would  be  proper  to  introduce,  by  pre- 
viously assigning  the  reasons,  on  which  they 
were  founded.  Otherwise,  the  positions  might 
not  appear  to  the  committee  to  be  just.  From 
this  consideration  it  became  necessary,  to  ren- 
der the  instructions  long  and  argumentative  ; 
and  whoever  candidly  reflects  on  the  import- 
ance of  the  occasion,  will  think  such  a  method 
very  justifiable. 

THE  draught  of  instructions  being  brought 
into  the  provincial  committee  and  read,  and  no 
objection  being  made  to  any  of  the  principles 
asserted  in  them,  it  was  not  thought  necessary, 
that  the  argumentative  part  should  continue 
any  longer  in  them.  The  committee,  that 
brought  in  the  draught,  therefore  moved,  that 
this  part  of  the  instructions  might  be  separated 
from  the  rest.  Whereupon  the  draught  was 
re-committed,  for  this  purpose,  to  the  com- 
mittee, that  brought  it  in.  This  was  done. 


SEVERAL  additions  have  been  made  to  the 
other  part,  now  called  "  An  Essay/'  &c.  since 
the  vote  for  publishing.  The  additions  are  dis- 
tinguished by  crotchets,  thus  £  ]  and  in  these 
it  was  not  thought  necessary  to  observe  the 
ftile  of  instructions.  The  notes  have  been  al- 
most entirely  added  since  the  vote. 

August  1,  1774. 


"  OF  the  various  instructions,  on  this  occasion, 
those  which  were  drawn  up  by  a  convention  of  de- 
legates, from  every  county  in  the  province  of  Penn- 
sylvania, and  presented  by  them,  in  a  body,  to  the 
constitutional  assembly,  were  the  most  precise  and 
determinate.  By  these  it  appears  that  the  Pennsyl- 
vauians  were  disposed  to  submit  to  the  acts  of  na- 
vigation, as  they  then  stood,  and  also  to  settle  a 
certain  annual  revenue  on  his  majesty,  his  heirs  and 
successors,  subject  to  the  controul  of  parliament, 
and  to  satisfy  the  demands  of  the  East- India  com- 
pany, provided  their  grievances  were  redressed, 
and  an  amicable  compact  ivas  settled,  which,  by 
establishing  American  rights  in  the  manner  of  a 
new  magna  charta,  would  have  precluded  future 
disputes." 

RAMSAY'S  History  of  the  American  Revolution,  vol.  I.  fage  134. 


RESOLUTIONS,  &c. 

At  a  provincial  meeting  of  deputies  chosen  by  the 
several  counties,  in  Pennsylvania,  held  at  Phila- 
delphia, July  15,  1774,  and  continued  by  ad- 
journments from  day  to  day. 

PRESENT, 

For  the  city  and  county  of  Philadelphia, 

Thomas  Willing,  Joseph  Moulder, 

John  Dickinson,  Anth.  Morris,  Jun. 

Peter  Chevalier,  George  Gray, 

Edward  Pennington,  John  Nixon, 

Thomas  Wharton,  Jacob  Barge,, 

John  Cox,  Thomas  Penrose, 

Joseph  Reed,  John  M.  Nesbit, 

Tho.  Wharton,  jun.  Jonathan  B.  Smith, 

Samuel  Erwin,  James  Mease, 

Thomas  Fitzsimons,  Thomas  Barclay, 

Dr.  William  Smith,  Benjamin  Marshall, 

Isaac  Howell,  Samuel  Howell, 

VOL.     1.  2O 


Adam  Hubley,  William  Moulder, 

George  Schlosser,  John  Roberts, 

Samuel  Miles,  John  Bayard, 

Thomas  Mifflin,  William  Rush, 

Christoph,  Ludwic,  Charles  Thomson. 

Bucks, 

John  Kidd,  John  Wilkinson, 

Henry  Wynkoop,  James  Wallace. 

Joseph  Kirkbride, 

Chester, 

Francis  Richardson,  Hugh  Lloyd, 

Elisha  Price,  John  Sellers, 

John  Hart,  Francis  Johnson, 

Anthony  Wayne,  Richard  Reiley. 

Lancaster, 

George  Ross,  Emanuel  Carpenter, 

James  Webb,  William  Atlee, 

Joseph  Ferree,  Alexander  Lowry, 

Matthias  Slough,  Moses  Erwin. 

Tork, 

James  Smith,  Thomas  Hartley. 

Joseph  Donaldson, 

Cumberland, 

James  Wilson,  William  Irvine. 

Robert  Magaw, 


Berks, 

Edward  Biddle,  Thomas  Dundas, 

Daniel  Broadhead,  Christopher  Schultz. 

Jonathan  Potts, 

Northampton, 

William  Edmunds,  John  Okeley, 

Peter  Kechlein,  Jacob  Arndt. 

Northumberland, 
William  Scull,  Samuel  Hunter. 

Bedford, 
George  Woods. 

Westmoreland, 
Robert  Hannah,  James  Cavett- 


THOMAS  WILLING,  Chairman, 
CHARLES  THOMSON,  Clerk. 

AGREED  that,  in  case  of  any  difference  in  senti- 
ment, the  question  be  determined  by  the  deputies 
voting  by  counties, 

THE  letters  from  Boston  of  the  13th  of  May 
were  then  read,  and  a  short  account  given  of  the 
steps  taken  in  consequence  thereof,  and  the  mea- 
sures now  pursuing  in  this  and  the  neighbouring 
provinces  ;  after  which  the  following  RESOLVES 
were  passed. 

UN  AN.  I,  1  HAT  we  acknowledge  ourselves,  and 
the  inhabitants  of  this  province,  liege  subjects  of 
his  majesty  king  George  the  third,  to  whom  they 
and  we  owe  and  will  bear  true  and  faithful  allegi- 
ance,. 

UN  AN.  II.  That  as  the  idea  of  an  unconstitu- 
tional independence  on  the  parent  state  is  utterly 
abhorrent  to  our  principles,  we  view  the  unhappy 
differences  between  Great-Britain  and  the  colonies 
with  the  deepest  distress  and  anxiety  of  mind,  as 
fruitless  to  her,  grievous  to  us,  and  destructive  of 
the  best  interests  of  both. 


UN  AN.  III.  That  it  is  therefore  our  ardent  de- 
sire, that  our  ancient  harmony  with  the  mother 
country  should  be  restored,  and  a  perpetual  love 
and  union  subsist  between  us,  on  the  principles  pf 
the  constitution,  and  an  interchange  of  good  of- 
fices, without  the  least  infraction  of  our  mutual 
rights. 


AN.  IV.  That  the  inhabitants  of  these  colo- 
nies are  intitled  to  the  same  rights  and  liberties 
WITHIN  these  colonies,  that  the  subjects  born  in 
England  are  intitled  to  WITHIN  that  realm. 

UN  AN.  V.  That  the  power  assumed  by  the 
parliament  of  Great-Britain  to  bind  the  people 
of  these  colonies,  "  by  statutes  IN  ALL  CASES 
"  whatsoever  ,"  is  unconstitutional  ;  and  therefore 
the  source  of  these  unhappy  differences. 

UN  AN.  VI.  That  the  act  cf  parliament,  for 
shutting  up  the  port  of  Boston,  is  unconstitutional  ; 
oppressive  to  the  inhabitants  of  that  town  ;  danger- 
ous to  the  liberties  of  the  British  colonies  ;  and 
therefore,  that  we  consider  our  brethren  at  Boston 
as  suffering  in  the  common  cause  of  these  colonies. 

UN  AN.  VII.  That  the  bill  for  altering  the  ad- 
ministration of  justice  in  certain  criminal  cases 
within  the  province  of  Massachusetts-Bay,  if  pass- 


(        302        ) 

cd  into  an  act  of  parliament,  will  be  as  unconstitu- 
tional, oppressive  and  dangerous,  as  the  act  above- 
mentioned. 

UN  AN.  VIII.  That  the  bill  for  changing  the 
constitution  of  the  province  of  Massachusetts-Bay, 
established  by  charter,  and  enjoyed  since  the  grant 
of  that  charter,  if  passed  into  an  act  of  parliament, 
will  be  unconstitutional  and  dangerous  in  its  con- 
sequences to  the  American  colonies. 

UN  AN.  IX.  That  there  is  an  absolute  neces- 
sity, that  a  congress  of  deputies  from  the  several 
colonies  be  immediately  assembled,  to  consult  to- 
gether, and  form  a  general  plan  of  conduct  to  be 
observed  by  all  the  colonies,  for  the  purposes  of 
procuring  relief  for  our  suffering  brethren,  obtain- 
ing redress  of  our  grievances,  preventing  future 
dissensions,  firmly  establishing  our  rights,  and.  re- 
storing harmony  between  Great-Britain  and  her 
colonies  on  a  constitutional  foundation. 

UN  AN.  X.  That,  although  a  suspension  of  the 
commerce  of  this  large  trading  province,  with 
Great-Britain,  would  greatly  distress  multitudes 
of  our  industrious  inhabitants,  yet  that  sacrifice, 
and  a  much  greater,  we  are  ready  to  offer  for  the 
preservation  of  our  liberties  ;  but,  in  tenderness  to 
the  people  of  Great-Britain,  as  well  as  of  this  coun- 


303     ) 

try,  and  in  hopes  that  our  just  remonstrances  will, 
at  length,  reach  the  ears  of  our  gracious  sovereign,' 
and  be  no  longer  treated  with  contempt  by  any^of 
our  fellow  subjects  in  England,  it  is  our  earnest 
desire,  that  the  congress  should  first  try  the  gent- 
ler  mode  of  stating  our  grievances,  and  making  a 
firm  and  decent  claim  of  redress. 

XI.     RESOLVED,  by  a  great  majority,  That  yet 
notwithstanding,  as  an  unanimity  of  counsels  and 
measures  is  indispensibly  necessary  for  the  com- 
mon welfare,  if  the  congress  shall  judge  agreements 
of  non-importation  and  non- exportation  expedient, 
the  people  of  this  province  will  join  with  the  other 
principal  and  neighbouring  colonies,  in  such  an  as- 
sociation of  non-importation  from  and  non-export- 
tation  to   Great-Britain  as  shall  be  agreed   on,  at 
the  congress. 

XII.  RESOLVED,  by  a  majority,  That  if  any 
proceedings  of  the  parliament,  of  which  notice  shall 
be  received,  on  this  continent,  before  or  at  the 
general  congress,  shall  render  it  necessary  in  the 
opinion  of  that  congress,  for  the  colonies  to  take 
farther  steps  than  are  mentioned  in  the  eleventh 
resolve  ;  in  such  case,  the  inhabitants  of  this  pro- 
vince shall  adopt  such  farther  steps,  and  do  all  in 
their  power  to  carry  them  into  execution. 


UN  AN.  XIII.  That  the  venders  of  merchandize 
of  every  kind,  within  this  province  ought  not  to 
take  advantage  of  the  resolves  relating  to  non- im- 
portation in  this  province  or  elsewhere  ;  but  that 
they  ought  to  sell  their  merchandize,  which  they 
now  have,  or  may  hereafter  import,  at  the  same 
rates  they  have  been  accustomed  to  do  within  three 
months  last  past. 

UNAN.  XIV.  That  the  people  of  this  province 
will  break  off  all  trade,  commerce,  and  dealing, 
and  will  have  no  trade,  commerce,  or  dealing  of 
any  kind  with  any  colony  on  this  continent,  or  with 
any  city  or  town  in  such  colony,  or  with  any  indi- 
vidual, in  any  such  colony,  city  or  town,  which  shall 
refuse,  decline,  or  neglect  to  adopt,  and  carry  into 
execution  such  general  plan  as  shall  be  agreed  ta 
in  congress. 

UNAN.  XV.  That  it  is  the  duty  of  every  mem- 
her  of  this  committee  to  promote,  as  much  as  he 
can,  the  subscription  set  on  foot,  in  the  several 
counties  of  this  province,  for  the  relief  of  the  dis- 
tressed inhabitants  of  Boston. 

UNAN.  XVI.  That  this  committee  give  in- 
structions on  the  present  situation  of  public  affairs 
to  their  representatives,  who  are  to  meet  next  week 
in  assembly,  and  request  them  to  appoint  a  proper 


number  of  persons  to  attend  a  congress  of  depu- 
ties from  the  several  colonies,  at  such  time  and 
place  as  may  be  agreed  on,  to  effect  one  general 
plan  of  conduct,  for  attaining  the  great  and  import- 
ant ends  mentioned  in  the  ninth  resolve* 


VOL.    I.  2    P 


INSTRUCTIONS 


FROM    THE 


COMMITTEE 


REPRESENTATIVES  IN  ASSEMBLY  MET. 


GENTLEMEN, 

1  HE  dissensions  between  Great-Britain  and 
her  colonies  on  this  continent,  commencing  about 
ten  years  ago,  since  continually  increasing,  and  at 
length  grown  to  such  an  excess  as  to  involve  the 
latter  in  deep  distress  and  danger,  have  excited  the 
good  people  of  this  province  to  take  into  their  seri- 
ous consideration  the  present  situation  of  public 
affairs. 

THE  inhabitants  of  the  several  counties  qualified 
to  vote  at  elections,  being  assembled  on  due  notice, 
have  appointed  us  their  deputies  ;  and  in  conse- 
quence thereof,  we  being  in  provincial  committee 
met,  esteem  it  our  indispensible  duty,  in  pursuance 
of  the  trust  reposed  in  us,  to  give  you  such  instruc- 
tions, as,  at  this  important  period,  appear  to  us  to 
be  proper. 


WE,  speaking  in  their  names  and  our  own,  ac- 
knowledge ourselves  liege  subjects  of  his  majesty 
king  George  the  third,  to  whom  "  we  will  be  faith- 
"  ful  and  bear  true  allegiance.'* 

OUR  judgments  and  affections  attach  us,  with 
inviolable  loyalty,  to  his  majesty's  person,  family 
and  government. 

WE  acknowledge  the  prerogatives  of  the  sove- 
reign, among  which  are  included  the  great  powers 
of  making  peace  and  war,  treaties,  leagues  and  alli- 
ances binding  us of  appointing  all  officers, 

except  in  cases  where  other  provision  is  made,  by 
grants  from  the  crown,  or  laws  approved  by  the 

crown of  confirming  or  annulling  every  act  of 

our  assembly  within  the  allowed  time and  of 

hearing  and  determining  finally,  in  council,  appeals 
from  our  courts  of  justice.  "  The  prerogatives  are 

limited,'"   *as  a  learned  judge  observes, "  by 

bounds  so  certain  and  notorious,  that  it  is  impos- 
sible to  exceed  them,  without  the  consent  of  the 
people  on  the  one  hand,  or  without,  on  the  other,  a 
violation  of  that  original  contract^  which,  in  all 

*   I   Blacksione  237. 

\  And  though  we  are  strangers  to  the  original  of  most,  states,  yet  we  must 
not  imagine  that  what  has  been  here  said,  concerning  the  manner  in  which  civil 
societies  are  formed,  is  an  arbitrary  fiction,  For  since  it  is  certain,  that  all  ci- 


(      SP9      ) 

states  impliedly,  and  in  ours  most  expressly,  sub- 

sists  between  the  prince  and  subject. For  these/ 

prerogatives  are  vested  in  the  crown  for  the  supporl 

vil  societies  had  a  beginning,  it  is  impossible  to  conceive,  how  the  members,  of 
which  they  are  composed,  could  unite  to  live  together  dependent  on  a  suprcac 
authority,  without  supposing  the  covenants  above-mentioned. 

BuRLEMAOJJl's  Princ.  ofpol.  lava.  -vol.  2.fa£t  29. 

And  in  fact,  upon  considering  the  primitive  state  of  man,  it  appears  mos* 
certain,  that  the  appellations  of  sovereigns  and  subjects,  masters  and  slaves, 
are  unknown  to  nature.  Nature  has  made  us  all  of  the  same  species,  all  equa/, 
all  free  and  independent  of  each  other ;  and  was  willing  that  those,  on  whom 
she  has  bestowed  the  same  faculties,  should  have  all  the  same  rights.  It  is 
therefore  beyond  all  doubt,  that  in  this  primitive  state  of  nature,  no  man  has 
of  himself  an  original  right  of  commanding  others,  or  any  title  to  sovereignty. 

There  is  none  but  God  alone  that  has  of  himself,  and  in  consequence  of  his 
nature  and  perfections,  a  natural,  essential,  and  inherent  right  of  giving  law* 
to  mankind,  and  of  exercising  an  absolute  sovereignty  over  them.  The  cass 
is  otherwise  between  man  and  man,  they  are  of  their  own  nature  as  imlepend- 
ent  of  one  another,  as  they  are  dependent  on  God.  This  liberty  and  independ- 
ence is  therefore  a  right  naturally  belonging  to  man,  of  which  it  would  be 
unjust  to  deprive  him  against  his  will.  Idcm^  ^affg  ^ 

There  is  a  beautiful  passage  of  C/««V  to  this  purpose.*  Noting  is  *,0rc 
•greeablt  to  the  Sufreme  Deity  t  that  governs  Ms  un,v,nf>  tLan  chfit  socles  la-^ully 
established. 

When  therefore  we  give  to  sovereigns  the  title  of  God's  vicegerents  upon 
earth,  this  does  not  imply  that  they  derive  their  authority  immediately  from 
God,  but  it  signifies  only,  that  by  means  of  the  power  lodged  in  their  hand,, 
and  with  which  the  people  have  invested  them,  they  maintain,  agreeably  to 
the  views  of  the  Deity,  both  order  and  peace,  and  thus  procure  the  happiness 
of  mankind. 

Idem,  page  40. 

a   Nihil  est  illi  principi  Deo,  qui  omnem  hunc  mundum  regit,  quod  quidem 


(      310     ) 

of  society,  and  do  not  intrench  any  farther  on  our 
natural  liberties,  than  is  expedient  for  the  main- 
tenance of  our  civil." 

BUT  it  is  our  misfortune,  that  we  are  compelled 
loudly  to  call  your  attention  to  the  consideration  of 

another  power,  totally  different  in  kind limited, 

as  it  is  alledged,  by  no  "  bounds,"  and  J  "  wear- 
u  ing  a  most  dreadful  aspect,7'  with  regard  to  Ame- 
rica. We  mean  the  power  claimed  by  parliament, 
of  right,  to  bind  the  people  of  these  colonies  by 
statutes,  "  in  all  cases  whatsoever" a  power, 


But  it  will  be  here  objected,  that  the  scripture  itself  says,  that  every  man 
ought  to  be  subject  to  the  supreme  powers,  because  they  are  established  by 
God.b  I  answer,  with  Cntiiis,  that  men  have  established  civil  societies,  not 
in  consequence  of  a  divine  ordinance,  but  of  their  voluntary  motion,  induced 
to  it  by  the  experience  they  had  had  of  the  incapacity  which  separate  families 
were  under,  of  defending  themselves  against  the  insults  and  attacks  of  hnman 
violence.  From  thence  (he  adds)  arises  the  civil  power,  which  St.  Peter >  for 
this  reason,  calls  a  human  power ,c  though  in  other  parts  of  scripture  it  bears 
the  name  of  a  divine  institution^  because  God  has  approved  of  it  as  an  establish- 
ment useful  to  mankind.6 

All  the  other  arguments,  in  favour  of  the  opinion  we  have  been  here  refut- 
ing, do  not  even  deserve  our  notice.  In  general,  it  may  be  observed,  that  ne- 
ver were  more  wretched  reasons  produced  than  upon  this  subject,  as  the  reader 
may  be  easily  convinced  by  reading  Pujfendorf  on  the  law  of  nature  and  nations, 
who,  in  the  chapter  corresponding  to  this,  gives  these  arguments  at  length, 
and  completely  refutes  them.f  Idem,  page  42,  43. 

\  I  Blackstone  2  JO. 

b  Rom.  xiii.          *  i  Ep.  rhap.   2.  v.    13.          d   Rom.  xiii.   I. 

e  Grotius  of  the  right  of  war  and  peace,  book  I.  chap.  4  fee.  7,  12.  No.  3. 

f  See  the  law  of  nature  and  nations,  book  VII.  chap.  3. 


as  we  are  not,  and,  from  local  circumstances,  can- 
not be  represented  there,  utterly  subversive  of  our 
natural  and  civil  liberties past  events  arid  rea- 
son convincing  us,  that  there  never  existed,  and 
never  can  exist,  a  state  thus  subordinate  to  another, 
and  yet  retaining  the  slightest  portion  of  freedom 
or  happiness. 

THE  import  of  the  words  above  quoted  needs  no 
descant ;  for  the  wit  of  man,  as  we  apprehend,  can- 
not possibly  form  a  more  clear,  concise,  and  com- 
prehensive definition  and  sentence  of  slavery,  than 
these  expressions  contain. 

THIS  power  claimed  by  Great-Britain,  and  the 
late  attempts  to  exercise  it  over  these  colonies,  pre- 
sent to  our  view  two  events,  one  of  which  must 
inevitably  take  place,  if  she  shall  continue  to  insist 
on  her  pretensions.  Either,  the  colonists  will  sink 
from  the  rank  of  freemen  into  the  class  of  slaves, 
overwhelmed  with  all  the  miseries  and  vices,  proved 
by  the  history  of  mankind  to  be  inseparably  annex- 
ed to  that  deplorable  condition  :  or,  if  they  have 
sense  and  virtue  enough  to  exert  themselves  in 
striving  to  avoid  this  perdition,  they  must  be  in- 
volved in  an  opposition  dreadful  even  in  contem- 
plation. 


Honour,  justice  and  humanity  call  upon  us  to 
hold,  and  to  transmit  to  our  posterity,  that  liberty, 
which  we  received  from  our  ancestors.  It  is  not 
our  duty  to  leave  wealth  to  our  children  :  but  it 
is  our  duty,  to  leave  liberty  to  them.  No  infamy, 
iniquity,  or  cruelty,  can  exceed  our  own,  if  we, 
born  and  educated  in  a  country  of  freedom,  intitled 
to  its  blessings,  and  knowing  their  value,  pusillani- 
mously  deserting  the  post  assigned  us  by  Divine 
Providence,  surrender  succeeding  generations  to  a 
condition  of  wretchedness,  from  which  no  human 
efforts,  in  all  probability,  will  be  sufficient  to  ex- 
tricate them  ;  the  experience  of  all  states  mourn- 
fully demonstrating  to  us,  that  when  arbitrary  pow- 
er has  been  established  over  them,  even  the  wisest 
and  bravest  nations,  that  ever  flourished,  have,  in 
a  few  years,  degenerated  into  abject  and  wretched 
vassals. 

So  alarming  are  the  measures  already  taken  for 
laying  the  foundations  of  a  despotic  authority  of 
Great-Britain  over  us,  and  with  such  artful  and  in- 
cessant vigilance  is  the  plan  prosecuted,  that  unless 
the  present  generation  can  interrupt  the  work, 
while  it  is  going  forward,  can  it  be  imagined,  that 
our  children,  debilitated  by  our  imprudence  and 
supineness,  will  be  able  to  overthrow  it,  when  com- 
pleted ?  Populous  and  powerful  as  these  colonies 
may  grow,  they  will  still  find  arbitrary  domination 


(      3*3      ) 

not  only  strengthening  with  their  strength,  but  ex- 
ceeding, in  the  swiftness  of  its  progression,  as  it 
ever  has  done,  all  the  artless  advantages  that  can 
acrue  to  the  governed.  These  advance  with  a  regu- 
larity, which  the  divine  Author  of  our  existence  has 
impressed  on  the  laudable  pursuits  of  his  creatures  : 
but  despotism,  *  unchecked  and  unbounded  by 

any  laws never  satisfied  with  what  has  been 

done,  while  any  thing  remains  to  be  done,  for  the 

*  As  virtue  is  necessary  in  a  republic,  and  in  a  monarchy  honor,  so  fear  Js 
necessary  in  a  despotic  government :  with  regard  to  virtue,  there  is  no  occasi- 
on for  it,  and  honor  would  be  extremely  dangerous. 

Here  the  immense  power  of  the  prince  is  devolved  intirely  upon  those  to 
whom  he  is  pleased  to  intrust  it.  Persons  capable  of  setting  a  value  upon 
themselves  would  be  likely  to  create  revolutions.  Fear  must  therefore  depress 
their  spirits,  and  extinguish  even  the  least  sense  of  ambition. 

MONTESOJJIEU'S  Spirit  of  Laws,  vol.  I.  book  lll.cbap.  9. 

An  idea  of  despotic  power. 

When  the  savages  of  Louisiana  are  desirous  of  fruit,  they  cut  the  tree  to  the 
root,  and  gather  the  fruit. S  This  is  an  emblem  of  despotic  government. 

Idem,  book  V.  cbap.  13. 

The  principle  of  despotic  government  is  fear  ;  but  a  timid,  ignorant,  and 
faint  spirited  people  have  no  occasion  for  a  great  number  of  laws. 

Every  thing  ought  to  depend  here  on  TWO  or  THJIEE  ideas;  therefore  there 
is  no  necessity  that  any  new  notions  should  be  added.  When  we  want  to 
break  a  horse,  we  take  care  not  to  let  him  change  his  master,  his  lesson,  or 
his  pace.  Thus  an  impression  is  made  on  his  brain  by  t\\o  or  three  motions 
and  no  more.  Idem.  book.  V.  cbap.  14. 

S  Edifying  letters,  II  eoll.  p.  315. 
VOL.     I.  2    Q 


m 


accomplishment  of  its  purposes confiding,   and 

capable  of  confiding,  only  in  the  annihilation  of 
all  opposition — holds  its  course  with  such  unabat- 
ing  and  destructive  rapidity,  that  the  world  has  be- 
come its  prey,  and  at  this  day,  Great-Britain  and 
her  dominions  excepted,  there  is  scarce  a  spot 
on  the  globe  inhabited  by  civilized  nations,  where 
the  vestiges  of  freedom  are  to  be  observed. 

To  us  therefore  it  appears,  at  this  alarming  pe- 
riod, our  duty  to  God,  to  our  country,  to  ourselves, 
and  to  our  posterity,  to  exert  our  utmost  ability, 
in  promoting  and  establishing  harmony  between 
GreauBritain  and  these  colonies,  on  a  constituti- 
onal foundation, 

FOR  attaining  this  great  and  desirable  end,  we  re- 
quest you  to  appoint  a  proper  number  of  persons  to 
attend  a  congress  of  deputies  from  the  several  colo- 
lies,  appointed,  or  to  be  appointed,  by  the  repre- 
sentatives of  the  people  of  the  colonies  respectively 
in  assembly,  or  convention,  or,  by  delegates  cho- 
sen by  the  counties  generally  in  the  respective  co- 
lonies, and  met  in  provincial  committee,  at  such 
time  and  place  as  shall  be  generally  agreed  on  :  and 
that  the  deputies  from  this  province  may  be  induc- 
ed and  encouraged  to  concur  in  such  measures,  as 
may  be  devised  for  the  common  welware,  we  think 
it  proper,  particularly  to  inform  you,  how  far,  we 


apprehend,  they   will   be   supported  in  their  con- 
duct by  their  constituents. 

\_In  this  place  was  inserted  the  argumentative 
part,  which  in  this  publication  is  called  u  An 
"  Essay."] 

THE  assumed  parliamentary  power  of  internal 
legislation,  and  the  power  of  regulating  trade,  as  of 
late  exercised,  and  designed  to  be  exercised,  we 
are  thoroughly  convinced,  will  prove  unfailing  and 
plentiful  sources  of  dissensions  to  our  mother 
country  and  these  colonies,  unless  some  expedients 
can  be  adopted  to  render  her  secure  of  receiving 
from  us  every  emolument,  that  can  in  justice  and 
reason  be  expected,  and  us  secure  in  our  lives,  pro- 
perties, and  an  equitable  share  of  commerce. 

> 

MOURNFULLY  revolving  in  our  minds  the  cala- 
mities, that,  arising  from  these  dissensions,  will 
most  probably  fall  on  us  and  our  children,  we  will 
now  lay  before  you  the  particular  points  we  request 
of  you  to  procure,  if  possible,  to  be  finally  decided  ; 
and  the  measures  that  appear  to  us  most  likely  to 
produce  such  a  desirable  period  of  our  distresses 
and  dangers.  We  therefore  desire  of  you 

FIRST.  That  the  Deputies  you  appoint,  may 
be  instructed  by  you  strenuously  to  exert  them- 


selves,  at  the  ensuing  congress,  to  obtain  a  renun- 
ciation, on  the  part  of  Great -Britain,  of  all  powers 
under  the  statute  of  the  35th  of  Henry  the  eighth, 
chapter  the  2d. of  all  powers  of  internal  legisla- 
tion  of  imposing  taxes  or  duties  internal  or 

external and  of  regulating  trade,   except  with 

respect  to  any  new  articles  of  commerce,  which  the 
colonies  may  hereafter  raise,  as  silk,  wine,  &c.  re- 
serving a  right  to  carry  these  from  one  colony  to 

another a  repeal  of  all  statutes  for  quartering 

troops  in  the  colonies,  or  subjecting  them  to  any 
expence  on  account  of  such  troops of  all  sta- 
tutes imposing  duties  to  be  paid  in  the  colonies, 
that  were  passed  at  the  accession  of  his  present 
majesty,  or  before  this  time  ;  which  ever  period 

shall  be  judged  most  adviseable of  the  statutes 

giving  the  courts  of  admiralty  in  the  colonies  great- 
er power  than  courts  of  admiralty  have  in  England 
of  the  statutes  of  the  5th  of  George  the  se- 
cond, chapter  the  22d,  and  of  the  23d  of  George 

the  second,  chapter  the  29th of  the  statute*for 

shutting  up  the   port  of  Boston and  of  every 

other  statute  particularly  affecting  the  province  of 
Massachusetts-Bay,  passed  in  the  last  session  of 
parliament. 

IN  case  of  obtaining  these  terms,  it  is  our  opi- 
nion, that  it  will  be  reasonable  for  the  colonies  to  en- 
gage their  obedience  to  the  acts  of  parliament  com- 


monly  called  the  acts  of  navigation,  and  to  every 
other  act  of  parliament  declared  to  have  force,  at 
this  time,  in  these  colonies,  other  than  those  above 
mentioned,  and  to  confirm  such  statutes  by  acts  of 
the  several  assemblies.  It  is  also  our  opinion,  that 
taking  example  from  our  mother  country,  in  abo- 
lishing the  "  courts  of  wards  and  liveries,  tenures 
"  in  capite,  and  by  knight's  service,  and  purvey- 
"  ance,"  it  will  be  reasonable  for  the  colonies,  in 
case  of  obtaining  the  terms  before  mentioned,  to 
settle  a  certain  annual  revenue  on  his  majesty,  his 
heirs  and  successors,  subject  to  the  controul  of  par- 
liament, and  to  satisfy  all  damages  done  to  the  East- 
India  company. 

THIS  our  idea  of  settling  a  revenue,  arises  from 
a  sense  of  duty  to  our  sovereign,  and  of  esteem  for 
our  mother  country.  We  know  and  have  felt  the 
benefits  of  a  subordinate  connexion  with  her.  We 
neither  are  so  stupid  as  to  be  ignorant  of  them; 
nor  so  unjust  as  to  deny  them.  We  have  also  expe- 
rienced the  pleasures  of  gratitude  and  love,  as  well 
as  advantages  from  that  connexion.  The  impressi- 
ons are  not  yet  erased.  We  consider  her  circum- 
stances with  tender  concern.  We  have  not  been 
wanting,  when  constitutionally  called  upon,  to  assist 
her  to  the  utmost  of  our  abilities;  insomuch  that 
she  has  judged  it  reasonable  to  make  us  recompen- 
ces  for  our  overstrained  exertions :  and  we  now 


think  we  ought  to  contribute  more  than  we  do,  to 
the  alleviation  of  her  burthens. 

WHATEVER  may  be  said  of  these  proposals  on 
either  side  of  the  Atlantic,  this  is  not  a  time,  ei- 
ther for  timidity  or  rashness.  We  perfectly  know, 
that  the  great  cause  now  agitated,  is  to  be  conduct- 
ed to  a  happy  conclusion,  only  by  that  well  temper^ 
ed  composition  of  counsels,  which  firmness,  pru- 
dence, loyalty  to  our  sovereign,  respect  to  our  pa- 
rent state,  and  affection  to  our  native  country,  unit- 
ed must  form. 

BY  such  a  compact,  Great-Britain  will  secure 
every  benefit,  that  the  parliamentary  wisdom  of 
ages  has  thought  proper  to  attach  to  her.  From 
her  alone  we  shall  continue  to  receive  manufac- 
tures.  To  her  alone  we  shall  continue  to 

carry  the  vast  multitude  oj  enumerated  articles  of 
commerce,  the  exportation  of  which,  her  policy 
has  thought  fit  to  confine  to  herself.  With  such 
parts  of  the  world  only,  as  she  has  appointed  us  to 
deal,  we  shall  continue  to  deal ;  and  such  commo- 
dities only,  as  she  has  permited  us  to  bring  from 
them,  we  shall  continue  to  bring.  The  executive 
and  controlling  powers  of  the  crowrn  will  retain 
their  present  full  force  and  operation.  We  shall 
contentedly  labour  for  her  as  affectionate  friends, 


in  time  of  tranquility  ;  and  cheerfully  spend  for 
her,  as  dutiful  children,  our  treasure  and  our  blood, 
in  time  of  war.  She  will  receive  a  certain  income 
*  from  us,  without  the  trouble  or  expence  of  col- 
lecting it — without  being  constantly  disturbed  by 
complaints  of  grievances,  which  she  cannot  justify, 
and  will  not  redress.  In  case  of  war,  or  in  any 

*  The  train  of  officers,  employed  by  Great-Britain,  consume  a  very  large 
part  of  what  she  takes  from  us.  She  therefore  increases  our  distresses  to  make 
up  for  that  consumption.  They  will  hereafter  grow  more  and  more  oppress- 
ive, \ve  more  and  more  uneasy,  she  more  and  more  disturbed.  We  could  raise 
the  same  sum  in  a  much  more  easy,  equal,  and  cheap  manner,  than  she  can  do. 
The  attention  of  small  states  extends  much  more  efficaciously  and  beneficially 
to  every  part  of  the  territories,  than  that  of  the  administration  of  a  vast  em- 
pire. The  representatives  in  assembly,  -wlo  are  taxed,  ivhen  the  people  are  taxed, 
and  accountable  to  them,  will  have  double  motives  to  take  care,  that  the  raising 
and  expending  money  is  managed  in  the  best  way.  The  house  of  commons  would 
not  bear  to  examine  every  particular  relating  to  the  just  taxation  of  every  county 
on  this  continent,  and  to  Kttle  all  the  accounts  fairly.  If  they  could  go  through 
the  immense  labour,  it  would  be  impossible  for  them  to  do  any  other  business. 
In  short,  by  not  doing  it,  they  would  be  unjust ;  by  doing  it,  they  would  be 
useless.  Equity  and  reason  demonstrate,  that  such  a  power  belongs  not  to  them. 
We  have  had  remarkable  instances  on  this  continent  some  few  years  ago,  of 
the  crown  being  according  to  all  the  forms  of  business  charged  with  articles,  that 
never  went  to  the  use  of  the  crown."  These  were  perquisites,  and  who  could 
be  so  puritanical  as  to  blame  the  civil  word.  It  is  said,  our  barracks  cost  about 
£.8000  of  this  money — and  that  the  barracks  at  another  place,  not  deserving  a 
comparison  with  ours,  cost  £.40,000  sterling.  We  built  our  own,  ourselves , 
and  were  as  saving  and  careful  as  we  could  be,  it  mafy  be  supposed.  If  money 
is  raised  upon  us  by  parliament ;  of  one  thousand  pounds,  taken  out  of  our 
pockets,  not  one  hundred,  in  all  probability,  will  be  usefully  applied  to  the  ser- 
vice of  the  crown.  Deficiencies  will  ensue — they  must  be  supplied — other 
acts  are  made — still  others — till  our  h  «  unrepresented  blades  of  grass"  too  fre- 

h  Speech  of  Lord  Camden.     I   Blackstone,  *7O. 


(      320      ) 

emergency  of  distress  to  her,  we  shall  also  be  rea- 
dy and  willing  to  contribute  all  aids  within  our 
power  :  and  we  solemnly  declare,  that  on  such  oc- 


quently  and  clcsely  cut  down  and  exposed  to  the  burning  heat  of  an  unsetting 
sun,  ever   "  in  its  meridian"  perish  to  their  deepest  roots. 

"  There  is  not  upon  earth  (says  the  exceUent  Gordon]  a  nation,  which  hav- 
ing had  unaccountable  magistrates,  has  not  felt  them  to  be  crying  and  consuming 
mischiefs.  In  trath,  where  they  are  most  limited,  it  has  been  often  as  much  as  a'* 
whole  people  could  do  to  restrain  them  to  their  trust,  and  to  keep  them  from  vi- 
olence ;  and  such  frequently  has  been  their  propensity  to  be  lawless,  that 
nothing  but  a  violent  death  could  cure  them  of  their  violence.  Some  men 
•will  never  think  they  have  enough,  whilst  they  can  take  more  ;  nor  be  content  ivith  a 
fart,  when  they  can  seize  the  whole."  i 

"  That  the  business  of  most  kingdoms  has  been  ill  managed,  proceeds  from 
this  ;  it  imports  the  loiver  rank  of  men  only,  and  the  people  (whose  cries 
seldom  reach  the  prince,  till  it  is  too  late,  and  till  all  is  past  remedy)  that  mat- 
ters should  \>e  frugally  ordered,  because  taxes  must  arise  from  their  sweat  and 
labour.  But  the  great  ones,  who  heretofore  have  had  the  prince's  ear  and 
favour,  or  who  hoped  to  have  him  in  their  possession,  were  swayed  by  another 
sort  of  interest ;  they  like  profusion,  as  having  had  a  prospect  to  be  gainers  by 
it,  they  can  easily  set  their  account  even  with  the  state  ;  a  small  charge  upon 
their  land  is  more  than  balanced  by  a  great  place,  or  a  large  pension''*' 

See  the  lord  keeper  North's  account  of  abuses  in  the  conduct  and  disposal  of 
the  public  money  in  the  time  of  king  Charles  II. I  Those  who,  in  our  times, 
are  the  conductors  of  the  same  kind  of  dirty  work,  may  compare  tie  modern  in- 
genious ways  and  means  with  those  of  their  worthy  predecessors. 

Among  others,  pretended  want  of  money  in  the  treasury,  in  order  to  have 

a  pretence  for  giving  an  exorbitant  price  for  necessaries. Lending  the 

crown  AT  EIGHT  PER  CENT,  money  which  was  raised  at  five  and  six.     Pay- 
ing with  the  public  money,  pretending  it  to  be  private,  and  taking  interest.     Dc- 


i   Cato's  LET.  in.  78. 

fc  Daven.  Jl.  362.  I  Dalrymp.  MEM.   II.   84. 


(        321        ) 

casions,  if  we  or  our  posterity  shall  refuse,  neglect 
or  decline  thus  to  contribute,  it  will  be  a  mean 
and  manifest  violation  of  a  plain  duty,  and  a  weak 


predating  the  public  debts  and  funds,   buying  them  of  tie  lolclers  at  half  their  worth, 
and  afterwards  by  interest  getting  them  paid  in  full.     Pretending  to  give  up  all  pow- 
er in  recommending  to  places  for  a  consideration,  and  then  insisting  on  recom- 
mending still,  and  so  getting  both   ways.      Rolling  over  losses  upon  the  crotvn,  or 
public,  while  the  gain  tuas  to  sink  into  private  pockets.      A    father   stopping   a  large 
sum  in  his  own  hand,  which  was  to  have  been  paid  the  public  creditors.     Be- 
fore he  can  be  brought  to  account,  he  dies.      The  money  sinks  into  the  pocket   of  his  heir. 
He  obtains  a  pardon  of  all  his  father's  debts.    Gross  frauds  in  office  found  out. 
Then  neiu  officers  and  salaries  set  up  as  checks.     The  new  prove  as  great  knaves  33 
the  old,  and  form  a  scheme  of  collusion  and  mutual  understanding.     But  the  public 
pays  for  all,  and  the  poiver  of  thf   court  is  strengthened.      An  old   placeman  begs 
leave  to  sell.  Pockets  the  money,  and  by  and  by,  through  interest,  gets  a  new 
place  gratis.     Extravagant   men  squander  their  own  money  in  their  public  em- 
ployments of  embassadors,  governors,   &c.  and  charge  the  public  with  more  than 
they -have  really  spent,  while  what  they  really  spent  was  ten  times  more  than 
necessary.      The  business  of  old  offices  transferred  to  new  :  but   the  prof  t*  of  the  old 
still  kept  «.*,  though  become  sinecures.     An  old  servant   of  the  public  retires  upon 
a  pension.    He  who  succeeds  him,  by  interest,  gets  it  continued  to  him.  Ano- 
ther gets  an   addition  to  his  salary,  and  then  sells  his  place  for  a  great   deal 
more  than  it  cost  him,  and  so  an  additional  load  is  laid  on  the  public  :   for  the 
addition  must  be  continued,  because  the  place  was  bought.     An  annual  sum  is 
granted  by  the  public  for  a  public  use,  as  keeping  up  a  harbour,  or  the  like. 
A  private  man,  by  interest,  gets  a  grant  ofthejobb  :   the  public  concern  is  neglect- 
ed, and  the  public  pocket  picked.     Crown  lands  perpetually  begged  and  given 
away  to  strengthen  the  court  interest.     The  crown  constantly  kept  in  debt, 
and  parliament  solicited  to  pay  those  debts  occasioned  merely  by  the  voracity  of 
the  court.     Commanders  of  fleets  order  a  superfluous  quantity  of  stores.     By  collu- 
sion between  them  and  the  store  masters,  this  superfluous  quantity  is  sold  again 
to  the  king,  and  the  money  sunk  in  their  pockets.     Sometimes  the  store-masters 
gave  receipts  for  more  than  ivas  received  into  the  king's  stores,  and  the  money  ivat 
divided  among  tie  plunderers.    The  king's  works  done  by  the  day,  whereas  it  would 

VOL.     I.  2    11 


(       322        ) 

and  wicked  desertion  of  the  true  interests  of  this 
province,  which  ever  have  been  and  must  be  bound 
up  in  the  prosperity  of  our  mother  country.  Our 
union,  founded  on  mutual  compacts  and  mutual 

Lave  been  cheaper  by  the  great.  Money  pretended  to  be  coined  gratis.  List* 
of  large  sums  newly  coined  produced.  But  the  contrivance  was  to  make  the 
pieces  unequal,  and  then  the  too  heavy  pieces  were'  carried  back  to  the  mint, 
and  the  profit  sunk  in  private  pockets,  &c. 

Secret  service  is  a  huge  cloke  thrown  over  an  immense  scene  of  corruption  ; 
and  under  this  cloke  tve  must  not  peep.  Our  court-men  tell  us,  there  must  be  large 
sums  expended  in  this  way,  and  those  sums  cannot  be  accounted  for ;  because  the 
services  done  for  them  must  never  be  knoivn.  But  we  find,  that  the  commons 
A.  D.  1708  addressed  queen  Anne  for  accounts  of  pensions  paid  for  secret  ser- 
vice to  members  of  parliament,  or  to  any  persons  in  trust  for  them  ;  and  that 
**  the  queen  ordered  said  account  to  be  laid  before  tie  bouse"™ 

Contracts  are  a  great  fund  of  ministerial  influence.  It  is  well  known,  that 
our  ministry  do  not  accept  the  most  reasonable  offer ;  but  the  offer  which  is 
made  by  those  who  have  the  greatest  parliamentary  interest ;  and  that  in  war 
time,  every  man,  who  furnishes  for  the  government,  is  enriched;  in  France  the 
eontrary ;  which  shews,  that  we  manage  our  public  money  much  tvorsc  than 
the  French  ministry  do  theirs.  In  the  late  war  it  is  notorious,  that  several  of 
our  purveyors  and  commissaries  got  estates  sufficient  to  set  them  up  for  earls  and 
dukes.  But  as  Burnetn  says,  "  the  regard,  that  is  shewn  to  members  of  parlia- 
ment among  us,  causes  that  few  abuses  can  be  inquired  into,  or  discovered. 

POL.  Disqy,  toot  V.page  274^-277. 

What  redress  could  a  poor  plundered,  unrepresented  colony  obtain  against 
a  VerrtS)  supported  by  a  strong  parliamentary  influence.  We  know  what  se- 
veral governors  of  Minorca  have  dared  to  do.  A  governor  of  Gibraltar  ha» 
ventured  to  oppress  even  the  garrison  of  that  important  place.  The  very 
drudgery  of  examining  accounts,  would  probably  secure  him.  If  Cast,  the  in* 
juries  could  not  be  recompensed.  A  successor  might  prove  as  bad — " 
provincia  plorat."  The  victorious  province  weeps. 

10  DKB.  COM.  rv.  119.         n  HIST.  OWN  TIMES,  HI.  279. 


(      233 

benefits,  will  be  indissoluble,  at  least  more  firm, 
than  an  union  perpetually  disturbed  by  disputed 
rights  and  retorted  injuries. 

SECONDLY.  If  all  the  terms  abovementioned 
cannot  be  obtained,  it  is  our  opinion,  that  the  mea- 
sures adopted  by  the  congress  for  our  relief  should 
never  be  relinquished  or  intermitted,  until  those 
relating  to  the  troops, — internal  legislation, — im- 
position of  taxes  or  duties  hereafter, — the  35th  of 

Henry  the  8th,  chapter  the  2d, the  extension  of 

admiralty  courts, — the  port  of  Boston  and  the  pro- 
vince of  Massachusetts-Bay ,  are  obtained.  Every 
modification  or  qualification  of  these  points  in  our 
judgment,  should  be  inadmissible.  To  obtain  them, 
we  think  it  may  be  prudent  to  settle  some  revenue 
as  above-mentioned,  and  to  satisfy  the  East-India 
company. 

THIRDLY.  If  neither  of  these  plans  should  be 
agreed  to,  in  congress,  but  some  other  of  a  similar 
nature  shall  be  framed,  though  on  the  terms  of  a 
revenue,  and  satisfaction  to  the  East-India  com- 
pany, and  though  it  shall  be  agreed  by  the  congress 
to  admit  no  modification  or  qualification  in  the 
terms  they  shall  insist  on,  we  desire  your  deputies 
may  be  instructed  to  concur  with  the  other  depu- 
ties in  it ;  and  we  will  accede  to,  and  carry  it  into 
execution  as  far  as  we  can. 


FOURTHLY.     As  to  the  regulation  of  trade 

we  are  of  opinion,  that  by  making  some  few  amend- 
ments, the  commerce  of  the  colonies  might  be  set- 
tled on  a  firm  establishment,  advantageous  to  Great- 
Britain  and  them,  requiring  and  subject  to  no  fu- 
ture alterations,  without  mutual  consent. We 

desire  to  have  this  point  considered  by  the  con- 
gress ;  and  such  measures  taken,  as  they  may 
judge  proper. 

IN  order  to  obtain  redress  of  our  common  griev- 
ances, we  observe  a  general  inclination  among  the 
colonies  of  entering  into  agreements  of  non-impor- 
tation and  non-exportation.  We  are  fully  convin- 
ced, that  such  agreements  w^ould  withhold  very 
large  supplies  from  Great-Britain,  and  no  words 
can  describe  our  contempt  and  abhorrence  of  those 
colonists,  if  any  such  there  are,  who,  from  a  sordid 
and  ill-judged  attachment  to  their  own  immediate 
profit,  would  pursue  that,  to  the  injury  of  their 
country,  in  this  great  struggle  for  all  the  blessings 
of  liberty.  It  would  appear  to  us  a  most  wasteful 
frugality,  that  would  lose  every  important  possessi- 
on by  too  strict  an  attention  to  small  things,  and 

lose  also  even  these  at  the  last. For  our  part, 

we  will  cheerfully  make  any  sacrifice,  when  neces- 
sary, to  preserve  the  freedom  of  our  country.  But 

other  considerations  have  weight  with  us. We 

wish  every  mark  of  respect  to  be  paid  to  his  ma- 


jesty's  administration.  We  have  been  taught  from 
our  youth  to  entertain  tender  and  brotherly  affecti- 
ons for  our  fellow  subjects  at  home.  The  inter- 
ruption of  our  commerce  must  distress  great  num- 
bers of  them.  This  we  earnestly  desire  to  avoid. 
We  therefore  request,  that  the  deputies  you  shall 
appoint  may  be  instructed  to  exert  themselves,  at 
the  congress,  to  induce  the  members  of  it,  to  con- 
sent to  make  a  full  and  precise  state  of  grievances 
and  a  decent  yet  firm  claim  of  redress,  and  to  wait 
the  event,  before  any  other  step  is  taken.  It  is  our 
opinion,  that  persons  should  be  appointed  and  sent 
home  to  present  this  state  and  claim,  at  the  court 
of  Great-Britain. 

IF  the  congress  shall  choose  to  form  agreements 
of  non-importation  and  non-exportation  immedi- 
ately, we  desire  the  deputies  from  this  province  will 
endeavour  to  have  them  so  formed  as  to  be  binding 
upon  all,  and  that  they  may  be  PERMANENT,  should 
the  public  interest  require  it.  They  cannot  be 
efficacious,  unless  they  can  be  permanent ;  and  it 
appears  to  us  that  there  will  be  a  danger  of  their  be- 
ing infringed,  if  they  are  not  formed  with  great  cau- 
tion and  deliberation.  We  have  determined  in  the 
present  fituation  of  public  affairs  to  consent  to  a  stop- 
page of  our  commerce  with  Great -Britain  only  ; 
but  in  case  any  proceedings  of  the  parliament,  of 
which  notice  shall  be  received  on  this  continent, 


(      326      ) 

before  or  at  the  congress,  shall  render  it  neces- 
sary, in  the  opinion  of  the  congress  to  take  further 
steps,  the  inhabitants  of  this  province  will  adopt 
such  steps,  and  do  all  in  their  power  to  carry  them 
into  execution. 

THIS  extensive  power  we  commit  to  the  con- 
gress, for  the  sake  of  preserving  that  unanimity  of 
counsel  and  conduct,  that  alone  can  work  out  the 
salvation  of  these  colonies,  with  a  strong  hope  and 
trust,  that  they  will  not  draw  this  province  into  any 
measure  judged  by  us,  who  must  be  better  ac- 
quainted writh  its  state  than  strangers,  highly  inex- 
pedient. Of  this  kind,  we  know  any  other  stop- 
page of  trade,  but  of  that  with -Great-Britain^  will 
be.  Even  this  step  we  should  be  extremely  afflicted 
to  see  taken  by  the  congress,  before  the  other  mode 
above  pointed  out  is  tried.  But  should  it  be  taken, 
we  apprehend,  that  a  plan  of  restrictions  may  be  so 
framed,  agreeable  to  the  respective  circumstances 
of  the  several  colonies,  as  to  render  Great-Britain 
sensible  of  the  imprudence  of  her  counsels,  and  yet 
leave  them  a  necessary  commerce.  And  here  it 
may  not  be  improper  to  take  notice,  that  if  redress 
of  our  grievances  cannot  be  wholly  obtained,  the 
extent  or  continuance  of  our  restrictions  may,  in 
some  sort,  be  proportioned  to  the  rights  we  arc 
contending  for,  and  the  degree  of  relief  afforded  us. 
This  mode  will  render  our  opposition  as  perpetual 


as  our  oppression,  and  will  be  a  continual  claim 
and  assertion  of  our  rights.  We  cannot  express 
the  anxiety,  with  which  we  wish  the  consideration 
of  these  points  to  be  recommended  to  you.  We 
are  persuaded,  that  if  these  colonies  fail  of  unani- 
mity or  prudence  in  forming  their  resolutions,  or 
of  fidelity  in  observing  them,  the  opposition  by 
non- importation  and  non-exportation  agreements 
will  be  ineffectual ;  and  then  we  shall  have  only 
the  alternative  of  a  more  dangerous  contention,  or 
of  a  tame  submission. 

UPON  the  whole,  we  shall  repose  the  highest 
confidence  in  the  wisdom  and  integrity  of  the  ensu- 
ing congress  :  and  though  we  have,  for  the  satis- 
faction  of  the  good  people  of  this  province,  who  have 
chosen  us  for  this  express  purpose,  offered  to  you 
such  instructions,  as  have  appeared  expedient  to 
us,  yet  it  is  not  our  meaning,  that  by  these  or  by 
any  you  may  think  proper  to  give  them,  the  depu- 
ties appointed  by  you  should  be  restrained  from 
agreeing  to  any  measures,  that  shall  be  approved 
by  the  congress.  We  should  be  glad  the  deputies 
chosen  by  you  could,  by  their  influence,  procure 
our  opinions  hereby  communicated  to  you  to  be  as 
nearly  adhered  to,  as  may  be  possible  :  but  to 
avoid  difficulties,  we  desire  that  they  may  be  in- 
structed by  you,  to  agree  to  any  measures  that 
shall  be  approved  by  the  congress,  the  inhabitants 


(      3*8      ) 

of  this  province  having  resolved  to  adopt  and  carry 
them  into  execution. — Lastly — We  desire  the  de- 
puties from  this  province,  may  endeavour  to  pro- 
cure an  adjournment  of  the  congress,  to  such  a  day 
as  they  shall  judge  proper,  and  the  appointment  of 
a  standing  committee. 

AGREED,  that  John  Dickinson,  Joseph  Read, 
and  Charles  Thomson,  be  a  committee  to  write  to 
the  neighbouring  colonies,  and  communicate  to 
them  the  resolves  and  instructions. 

AGREED,  that  the  committee  for  the  city  and 
county  of  Philadelphia,  or  any  fifteen  of  them,  be 
a  committee  of  correspondence  for  the  general 
committee  of  this  province. 

Extract  from  the  Minutes, 

CHARLES  THOMSON,  cM  of  tie  committee. 


A  N 


ESSAY,*   &c. 


1  HE  authority  of  parliament  has  within  these 
few  years  been  a  question  much  agitated  ;  and  great 
difficulty,  we  understand,  has  occurred,  in  tracing 
the  line  between  the  rights  of  the  mother  country 
and  those  of  the  colonies.  The  modern  doctrine  of 
the  former  is  indeed  truly  remarkable  ;  for  though 
it  points  out,  what  are  not  our  rights,  yet  we  can 
never  learn  from  it,  \vhat  are  our  rights.  As  for 

example -Great-Britain  claims  a  right  to  take 

away  nine- tenths  of  our  estates have  we  a  right 


*  This  piece  has  been  written  in  such  haste,  under  so  great  indisposition, 
and  amidst  such  a  confusion  of  public  affairs,  that  it  is  hoped,  its  inaccuracies 
will  be  looked  upon  with  indulgence.  If  longer  time  could  have  been  bestow- 
ed upon  its  correction,  it  would  have  been  at  least  shorter,  if  not  more  exact. 
The  first  appointment  of  a  committee  to  form  a  draught  of  instructions,  was 
made  en  the  fourth  of  last  month.  See  note  on  the  extract,  dated  the  l8th  of 
July. 

VOL.   i.  2  S 


(      330      ) 

to  the  remaining  tenth  ?  No. To  say  we  have, 

is  a  "  traiterous"  position,  denying  her  supreme 
legislature.  So  far  from  having  property,  accord- 
ing to  these  late  found  novels,  ive  are  ourselves  a 
property. 

WE  pretend  not  to  any  considerable  share  of 
learning ;  but,  thanks  be  to  divine  Goodness,  com- 
mon sense,  experience,  and  some  acquaintance 
with  the  constitution,  teach  us  a  few  salutary  truths 
on  this  important  subject. 

WHATEVER  difficulty  may  occur  in  tracing  the 
line,  yet  we  contend,  that  by  the  la\vs  of  God,  and 
by  the  laws  of  the  constitution,  a  line  there  must  be, 
beyond  which  her  authority  cannot  extend.  For  all 
these  laws  are  J  "  grounded  on  reason,  full  of  jus- 
tice, f  and  true  equity,"  mild,  and  calculated  to 
promote  the  freedom  and  welfare  of  men.  These 


J  PARLT.  Deb.  7.  409.  "  What  of  that  ?  Shall  not  we  give  judgment,  be- 
cause it  is  not  adjudged  in  the  books  before  ?  We  will  give  judgment  according 
to  reason,  and  if  there  be  no  reason  in  the  books,  I  will  not  regard  them." 

Speech  of  Anderson,  lord  chief  justice  of  the  queen's  bench,  in  the  reign  of 
Elizabeth.  GOULDSB.  REP.  96.  edit.  1653. 

f  "  It  seems  to  me,  that  the  natural  justice,  which  is  a  duty  of  man,  ought 
to  be  stiled  the  parent,  and  nourisher,  of  every  other  virtue  :  and  assuredly,  with- 
out this  habit,  a  man  can  neither  moderate  his  desires,  nor  be  brave,  nor  wise. 
For,  it  is  a  harmony,  and  peace,  of  the  whole  soul ;  with  a  full  concert  of  words, 
and  actions :  and  the  dominion  of  such  a  habit  may  be  rendered  more  conspicu- 


(      331      ) 

objects  never  can  be  attained  by  abolishing  every 
restriction,  on  the  part  of  the  governors,  and  extin- 
guishing every  right,  on  the  part  of  the  governed. 

SUPPOSE  it  be  allowed,  that  the  line  is  not  ex- 
pressly drawn,  is  it  thence  to  be  concluded,  there  is 
no  implied  line  ?  No  English  lawyer,  we  presume, 
will  venture  to  make  the  bold  assertion.  "  The 
4t  king  may  reject  what  bills,  may  make  what 
"  treaties,  may  coin  what  money,  may  create  what 
"  peers,  and  may  pardon  what  offences,  be  pleas- 


ous,  if  we  examine  the  other  habits  of  virtue.  For  the  good  of  these  is  pri- 
vate, respecting  the  individual ;  but  the  good  of  natural  justice  respects  whole 
systems,  and  throughout  the  universe."--* 

In  the  celestial  system  of  the  world,  as  it  marshals  out  the  universal  rule  of 
things,  which  are  thus  decreed  by  God  ;  it  is  providence,  and  harmony,  and  right. 
In  a  civil  state,  it  is  justly  called  peace,  and  good  order.  In  a  domestic  state,  it  is 
the  like  mindedness  of  husband,  and  wife,  towards  each  other  ;  the  good  •will  of 
subordinate  members.  In  the  body,  it  is  health,  zndfymmetry  of  parts ;  which 
are  principal  things,  and  much  beloved  by  every  living  creature.  In  the  soul, 
it  is  wisdom ;  that  wisdom  which  arises  amongst  men,  from  the  knowledge  of 
causes,  and  from  natural  justice. 

Since  therefore,  this  habit  doth  thus  instruct,  and  preserve,  the  whole  and 
every  part;  rendering  all  the  same,  in  heart,  and  in  tongue,  why  may  it  not 
be  saluted,  by  the  universal  voice  ;  the  parent  and  nourisher  of  every  virtue." 

POL.  PYTH.  Luc.  apud  STOBJEUM,/^  105.  edit.  Tiguri,  1559. 

"  Of  i. AW  there  can  be  no  less  acknowledged,  than  that  her  seat  is  the  bosom 
of  GOD,  her  voice  the  harmony  of  the  world  :  all  things  in  heaven  and  earth 
do  her  homage,  the  very  least  as  feeling  her  care,  and  the  greatest  as  not  ex- 
empt from  her  power." 

HOOKER'S,  Ecclesiastical  Policy,  book  thtfrst,  at  the  end. 


(      332      ) 

"  es."  J  But  is  his  prerogative  respecting  these 
branches  of  it,  unlimited  ?  By  no  means.  The 
words  following  those  next  above  quoted  from  the 
"  commentaries  on  the  laws  of  England,"  are — 
"  unless  where  the  constitution  hath  expressly,  or 
.*'  by  evident  consequence,  laid  down  some  excep- 
"  tion  or  BOUNDARY  ;  declaring,  that  thus  far  the 
"  prerogative  shall  go,  and  no  farther."  There 
are  *'  some  boundaries"  then,  besides  the  *'  ex- 
**  press  exceptions  ;"  and  according  to  the  strong 
expression  here  used,  "  the  constitution  declares 
"  there  are."  What  "  evident  consequence"  forms 
those  "  boundaries  ?" 

THE  happiness  of  the  people  is  the  end,  and,  if 
the  term  is  allowable,  we  would  call  it  the  body  of 
the  constitution.  Freedom  is  the  spirit  or  soul.  As 
the  soul,  speaking  of  nature,  has  a  right  to  prevent 
or  relieve,  if  it  can,  any  mischief  to  the  body  of  the 
individual,  and  to  keep  it  in  the  best  health  ;  so 
the  soul,  speaking  of  the  constitution,  has  a  right  to 
prevent,  or  relieve,  any  mischief  to  the  body  of  the 
society,  and  to  keep  that  in  the  best  health.  The 
*4  evident  consequence"  mentioned,  must  mean  a 
tendency  to  injure  this  health,  that  is,  to  diminish 
the  happiness  of  the  people — or  it  must  mean  noth- 
ing. If  therefore  the  constitution  "DECLARES  by 

\  l  BLACKSTONE'S  COM,  250. 


(       333      ) 

"  evident  consequence  "  that  a  tendency  to  dimin- 
ish the  happiness  of  the  people,  is  a  proof,  that  pow- 
er exceeds  a  "  boundary,"  beyond  which  it  ought 
not  to  "  go  ;"  the  matter  is  brought  to  this  single 
point,  whether  taking  our  money  from  us  without 
our  consent,  depriving  us  of  trial  by  jury,  changing 
constitutions  of  government,  and  abolishing  the 
privilege  of  the  writ  of  habeas  corpus,  by  seizing 
and  J  carrying  us  to  England,  have  not  a  greater 
tendency  to  diminish  our  happiness,  than  any  enor- 
mities a  king  can  commit  under  pretence  of  pre- 
rogative, can  have  to  diminish  the  happiness  of  the 
subjects  in  England.  To  come  to  a  decision  upon 
this  point,  no  long  time  need  be  required.  To 
make  this  comparison,  is  stating  the  claim  of  par- 
liament in  the  most  favourable  light :  for  it  puts 


\  "  Of  great  importance  to  the  public  is  the  preservation  of  this  personal 
liberty  :  for  if  once  it  were  left  in  the  power  of  any,  the  highest  magistrate,  to 
imprison  arbitrarily,  whomever  he  or  bis  officers  thought  proper,  (as  in  France 
it  is  daily  practised  by  the  crown)  there  ivould  soon  be  an  end  uf  all  other  rights  and 

immunities." "  A  natural  and  regular  consequence  of  this  personal  liberty  is, 

that  every  Englishman  may  claim  a  right  to  abide  in  his  oivn  country  so  long  as  he 
pleases^  and  not  to  be  driven  from  it  unless  by  the  sentence  of  law.  Exile  or 
transportation  is  a  punishment  unknown  to  the  common  latv." "  The  king  can- 
not constitute  a  man  lord  lieutenant  of  Ireland  against  his  will,  nor  make  him  a 
foreign  ambassador.  For  this  might  in  reality  be  no  more  than  an  honorable 
exile."  I  BLACKSTONE,  135  to  138. 

"  These  precedents  collected  by  the  reverend  and  learned  judge,  chief  justice 
Anderson,  and  all  written  with  his  own  hand,  do  fully  resolve  for  the  mainte- 
nance of  the  ancient  and  fundamental  point  of  liberty  of  the  person  t  to  be  regained 
by  habeas  corpus  ^  when  any  one  is  imprisoned."  PARL.  Hist.  7.  413. 


(     33*      ) 

the  assumed  power  of  parliament,  to  do,  "  IN  ALL 
"  CASES  WHATSOEVER,"  what  they  please,  upon 
the  same  footing  with  the  acknowledged  power  of 

the  king,   "  to  make  what  peers pardon  what 

"  offences,  &c.  be  pleases."  But  in  this  light, 
that  power  is  not  intitled  to  be  viewed.  Such  is 
the  wisdom  of  the  English  constitution,  that  it 
"  declares"  the  king  may  transgress  a  "  boundary 
"  laid  down  by  evident  consequence,"  even  by 
using  the  power  with  which  he  is  expressly  vested 
by  the  constitution,  in  doing  those  very  acts  which 
he  is  expressly  trusted  by  the  constitution  to  do — 
as  by  creating  too  many  or  improper  persons, 
peers ;  or  by  pardoning  too  many  or  too  great  of- 
fences, &c.  But  has  the  constitution  of  ENGLAND 
expressly  "  declared,"  that  the  parliament  of  Great- 
Britain  may  take  away  the  money  of  English  colo- 
nists without  their  consent,  and  deprive  them  of 
trial  by  jury,  &x  ?  It  cannot  be  pretended.  True 
it  is,  that  it  has  been  solemnly  declared  by  parlia- 
ment, that  parliament  has  such  a  power.  But  that 
declaration  leaves  the  point  just  as  it  was  before  : 
for  if  parliament  had  not  the  power  before,  the  de- 
claration could  not  give  it.  Indeed  if  parliament 
is  really  "  omnipotent/'  *  that  power  is  just  and 
constitutional. 

*  I  BLOCKS-TONE,  161. 


(      335     ) 

We  further  observe,  that  the  constitution  has  not 
expressly  drawn  the  line  beyond  which,  if  a  king, 
shall  "go,"  resistance  becomes  lawful.  The  learn- 
ed author  of  those  commentaries,  that  notwithstand- 
ing some  human  frailties,  do  him  so  much  honour, 
has  thought  proper,  when  treating  of  this  subject, 
to  point  out  the  "precedent"  of  the  revolution,  as 
fixing  the  line.  We  would  not  venture  any  reflec- 
tion on  so  great  a  man.  It  may  not  become  us. 
Nor  can  we  be  provoked  by  his  expressions  con- 
cerning colonists  ;  because  they  perhaps  contain 
his  real,  though  hasty  sentiments.  Surely,  it  was 
not  his  intention  to  condemn  those  excellent  men, 
who  casting  every  tender  consideration  behind 
them,  nobly  presented  themselves  against  the  ty- 
ranny of  the  unfortunate  and  misguided  Charles's 
reign  ;  those  men,  whom  the  house  of  commons, 
even  after  the  restoration,  would  not  suffer  to  be 
censured. 

WE  are  sensible  of  the  objection  that  may  be 
made,  as  to  drawing  a  line  between  rights  on  each 
side,  and  the  case  of  a  plain  violation  of  rights. — 
We  think  it  not  material.  Circumstances  have 
actually  produced,  and  may  again  produce  this 

question. What  conduct  of  a  prince  renders 

resistance  lawful  ?  James  the  second  and  his  fa- 
ther violated  express  rights  of  their  subjects,  by 
doing  what  their  own  express  rights  gave  them  no 


(       336      ) 

tide  to  do,  as  by  raising  money,  and  levying  troops, 
without  consent  of  parliament.  It  is  not  even  set- 
tled, what  violation  of  those  will  justify  resistance. 
But  may  not  some  future  prince,  confining  himself 
to  the  exercise  of  bis  own  express  rights,  such  as 
have  been  mentioned,  act  in  a  manner,  that  will  be 
a  transgression  of  a  "  boundary"  laid  down  by 
"  evident  consequence,"  the  "  constitution  declar- 
"  ing  he  should  go  no  further  ?"  May  not  this 
exercise  of  these  his  express  rights,  be  so  far  ex- 
tended, as  to  introduce  universal  confusion  and  a 
subversion  of  the  ends  of  government  ?  The  whole 
may  be  oppressive,  and  yet  any  single  instance  le- 
gal. The  cases  may  be  improbable  ;  but  we  have 
seen  and  now  feel  events  once  as  little  expected. 
Is  it  not  possible,  that  one  of  these  cases  may  hap- 
pen ; if  it  does,  has  the  constitution  expressly 

drawn,  a  line,  beyond  which  resistance  becomes 
lawful  ?  It  has  not.  But  it  may  be  said,  a  king  can- 
not arm  against  his  subjects — he  cannot  raise  mo- 
ney, without  consent  of  parliament.  This  is  the 
constitutional  check  upon  him.  If  he  should,  it 
would  be  a  violation  of  their  express  rights.  If 
their  purses  are  shut,  his  power  shrinks.  True. 
Unhappy  colonists  !  Our  money  may  be  taken  from 
us — and  standing  armies  established  over  us,  with- 
out our  consent — every  expressly  declared  consti- 
tutional check  dissolved,  and  the  modes  of  opposi- 
tion for  relief  so  contracted,  as  to  leave  us  only 


(     337      ) 

the    miserable    alternative  of  supplication   or  vio- 
lence.    And  these,   it  seems,  are  the  liberties  of 

Americans. Because  the  constitution   has  not 

"  expressly   declared"  the  line  between  the  rights 
of  the  mother  country  and   those  of  her  colonists, 

therefore,   the  latter  have  no  rights. A   logic, 

equally  edifying  to  the  heads  and  hearts  of  men  of 
sense  and  humanity. 

WE  assert,  a  line  there  must  be,  and  shall  now 
proceed  with  great  deference  to  the  judgment  of 
others,  to  trace  that  line,  according  to  the  ideas  we 
entertain  :  and  it  is  with  satisfaction  we  can  say, 
that  the  records,  statutes,  law-books,  and  most  ap- 
proved writers  of  our  mother  country,  those  "  dead 
"  but  most  faithful  counsellors"  (as  sir  Edward  Coke 
calls  them)  u  who  cannot  be  daunted  by  fear,  nor 
''•muzzled  by  affection,  reward,  or  hope  of  pre- 
4C  ferment,  and  therefore  may  safely  be  believed," 
confirm  the  principles  we  maintain. 

LIBERTY,  life,  or  property,  can,  with  no  con- 
sistency of  words  or  ideas,  be  termed  a  right  of 
the  possessors,  while  others  have  a  right  of  taking 
them  away  at  pleasure.  The  most  distinguished 
authors,  that  have  written  on  government,  declare 
it  to  be  "  instituted  for  the  benefit  of  the  people  ; 
14  and  that  it  never  will  have  this  tendency,  where 

VOL.   r.  2  T 


(     338     ) 

44  it  is  unlimited."  Even  conquest*  itself  is  held 
not  to  destroy  all  the  rights  of  the  conquered.  Such 
is  the  merciful  reverence  judged  by  the  best  and 


*  "  But  in  order  to  say  something  more  particular  concerning  this  subject, 
let  us  observe  that  the  natural  state  of  nations  in  respect  to  each  other,  is  that 
of  society  and  peace.  This  society  is  likewise  a  state  of  equality  and  independ- 
ence, which  establishes  a  parity  of  right  between  them  ;  and  engages  them  to 
have  the  same  regard  and  respect  for  one  another.  Hence  the  general  prin- 
ciple of  the  law  of  nations  is  nothing  more  than  the  general  law  of  sociability, 
which  obliges  all  nations  that  have  any  intercourse  with  one  another,  to  prac- 
tise those  duties  to  which  individuals  are  naturally  subject. 

*'  These  remarks  may  serve  to  give  us  a  just  idea  of  that  art,  so  necessary 
to  the  directors  of  states,  and  distinguished  commonly  by  the  name  of  polity. 
Polity  considered  with  regard  to  foreign  states,  is  that  ability  and  address  by 
which  a  sovereign  provides  for  the  preservation,  safety,  prosperity  and  glory  of 
the  nation  he  governs,  by  respecting  the  laws  of  justice  and  humanity  ;  that  is, 
without  doing  any  injury  to  other  states,  but  rather  by  procuring  their  ad- 
vantage, as  much  as  in  reason  can  be  expected.  Thus  the  polity  of  sovereign! 
is  the  same  as  prudence  among  private  people;  and  as  we  condemn  in  the  lat- 
.  ter  any  art  or  cunning,  that  makes  them  pursue  their  own  advantage  to  the 
prejudice  of  others,  so  the  like  art  would  be  censurable  in  princes,  were  they 
bent  upon  procuring  the  advantage  of  their  own  people  by  injuring  other  nati- 
ons. The  reason  of  state,  so  often  alledged  to  justify  the  proceedings  or  enter- 
prises of  princes ,  cannot  really  be  admited  for  this  end,  but  inasmuch  as  it  is 
reconcileable  with  the  common  interest  of  nations,  or  which  amounts  to  the 
same  thing,  with  the  unalterable  rules  of  sincerity,  justice,  and  humanity." 

"  Grotius  indeed  acknowledges  that  the  law  of  nature  is  common  to  all  nati- 
ons ;  yet  he  establishes  a  positive  law  of  nations  contradistinct  from  the  law  of 
nature  ;  and  reduces  this  law  of  nations  to  a  sort  of  human  law,  which  has  ac- 
quired a  power  of  obliging  in  consequence  of  the  will  and  consent  of  all  or  of 
a  great  many  nations.0  He  adds,  that  the  maxims  of  this  law  of  nations  arc 
proved  by  the  perpetual  practice  of  people,  and  the  testimony  of  historians. 

0  See  Grotlut,  rights  of  war  and  peace  :  preliminary  discourse,  sect.  18.  and 
fecok  I.  chap.  I.  sect.  14. 


(     339      ) 


wisest  men  to  be   due  to  human  nature,  and  fre- 
quently observed  even  by  conquerors  themselves. 

PROTECTION  and  obedience  are  reciprocal  duties. 

"  But  it  has  been  justly  observed  that  this  pretended  law  of  nations,  contra- 
distinct  from  the  law  of  nature,  and  invested  nevertheless  with  a  force  of 
obliging,  whether  people  consent  to  it  or  not,  is  a  supposition  destitute  of  all 
foundation.? 

"  For  I.  all  nations  are  with  regard  to  one  another  in  a  natural  independ- 
ence and  equality.  If  there  be  therefore  any  common  law  between  them,  it 
must  proceed  from  God  their  common  sovereign. 

"  2.  As  for  what  relates  to  customs  established  by  an  express  or  tacit  con- 
sent among  nations,  these  customs  are  neither  of  themselves,  nor  universally, 
nor  always  obligatory.  For  from  this  only  that  several  nations  have  acted  to- 
wards one  another  for  a  long  time  alter  a  particular  manner  in  particular  cases, 
it  does  not  follow  that  they  have  laid  themselves  under  a  necessity  of  acting  al- 
ways in  the  same  manner  for  the  time  to  come,  and  much  less  that  other  na- 
tions are  obliged  to  conform  to  these  customs. 

"  3.  Again  ;  these  customs  are  so  much  the  less  capable  of  being  an  obliga- 
tory rule  of  themselves,  as  they  may  happen  to  be  bad  or  unjust.  The  profes- 
sion of  a  corsair  or  pirate,  was  by  a  kind  of  consent,  esteemed  a  long  while  as 
lawful,  between  nations  that  were  not  united  by  alliance  or  treaty.  It  seems 
likewise,  that  some  nations  allowed  themselves  the  use  of  poisoned  arms  in 
time  of  war.**  Shall  we  say  that  these  were  customs  authorised  by  the  law  of 
nations,  and  really  obligatory  in  respect  to  different  people  ?  Or  shall  we  not 
rather  consider  them  as  barbarous  practices ;  practices  from  which  every  just 
and  well  governed  nation  ought  to  refrain.  We  cannot  therefore  avoid  ap- 
pealing always  to  the  law  of  nature,  the  only  one  that  is  really  universal,  when- 
ever we  want  to  judge  whether  the  customs  established  between  nations  have 
any  obligatory  effect. 

p  See  PufFendorf,  law  of  nature  and  nations,  book  a.  chap.  3.  sect.  23.  with 
Earbeyrac's  notes. 

i  See  Virgil,  JEncid,  book  10.  verse  139.  with  the  ijth  note  of  the  Abbe 
des  Fontaines, 


IN  fine,  a  power  of  government,  in  its  nature 
tending  to  the  misery  of  the  people,  as  a  power  that 
is  unlimited,  or  in  other  words,  a  power  in  which 


"  4.  All  that  can  be  said  on  this  subject  is,  that  when  customs  of  an  innocent 
nature  are  introduced  among  nations  ;  each  of  them  is  reasonably  supposed  tq 
submit  to  those  customs,  as  long  as  they  have  not  made  any  declaration  to  the 
contrary.  This  is  all  the  force  or  effect  that  can  be  given  to  received  cus-» 
toms  ;  but  a  very  different  effect  from  that  of  a  law  properly  so  called." 

.  Princ.  of  nat.  laiu,  I  vol.  page  196  —  199. 


These  reflections  of  the  learned  and  benevolent  professor,  deserve  great 
consideration,  in  estimating  the  claims  of  belligerent  powers  to  interfere  in 
the  commerce  of  neutral  nations. 

The  law  of  nations,  as  it  is  called,  partakes  too  largely  of  articles  imposed 
by  the  stronger  on  the  weaker  powers  :  but  these  can  never  abrogate  the  eter- 
nal laws  of  reason  and  justice.  It  is  also  worthy  of  observation,  that  those  ar- 
ticles may  be  so  altered,  that  the  amendments  will  have  a  direct  tendency  to 
discourage  wars,  and  consequently  to  promote  the  blessings  of  peace. 

"  But  I  will  conclude  with  that  which  I  find  reported  by  sir  John  Davis, 
who  was  the  king's  sergeant  ;  and  so,  by  the  duty  of  his  place,  would  no  doubt 
maintain,  to  the  uttermost  of  his  power,  the  king's  prerogative  royal  ;  and  yet 
it  was  by  him  thus  said,  in  those  reports  of  his  upon  the  case  of  tanlstry  customs" 
"  That  the  kings  of  England  always  have  had  a  monarchy  royal,  and  not  a 
monarchy  signoral  ;  where,  under  the  first,  saith  he,  the  subjects  are  free  men, 
and  have  property  in  their  goods,  and  freehold  and  inheritance  in  their  lands  ; 
but,  under  the  latter,  they  are  as  villains  and  slaves,  and  have  property  in 
nothing.  And  therefore,  saith  he,  when  a  royal  monarch  makes  a  new  con- 
quest, yet,  if  he  receives  any  of  the  nation's  ancient  inhabitants  into  his  pro- 
tection ;  they,  and  their  heirs  after  them,  shall  enjoy  their  lands  ?.nd  liberties 
according  to  the  laws."  And  there  he  voucheth  this  precedent  and  judgment 
following,  given  before  William  the  conqueror  himself,  viz. 

"  That  one  Sberborn,  at  the  time  of  the  conquest,  being  o\vner  of  a  castle  and 
lands  in  Norfolk)  the  conqueror  gave  the  same  to  one  Warren  a  Norman  ;  and, 


(      34-1     ) 

the  people  have  no  share,  J  is  proved  to  be,  by 
reason  and  the  experience  of  all  ages  and  countries, 
cannot  be  a  rightful  or  legal  power.  For,  as  an 
excellent  bishop  of  the  church  of  England  argues, 


Sbarlorn  dying,  the  heir  claiming  the  same  by  descent  according  to  the  law,  it 
was,  before  the  conqueror  himself,  adjudged  for  the  heir,  and  that  the  gift 
thereof  by  the  conqueror  was  void.7'  r  PARL.  DEBATES,  7  vol.pjge.  304. 


See  also  Ptfffttvbrftlj&t  of  nature  and  nations,  book.  3.  chap.  8.  and  book. 
2.  chap.  6. 

\  "  In  a  free  state,  every  man,  who  is  supposed  a  free  agent,  ought  to  be,  In 
some  measure  bis  own  governor,  and  therefore  a  branch,  at  least  of  the  legislative 
foiver  ought  to  reside  in  the  ivbole  body  of  the  people.  And  this  power,  when  the  ter- 
ritories of  the  state  are  small  and  its  citizens  easily  known,  should  be  expressed 
by  the  people  in  their  aggregate  or  collective  capacity,  as  was  wisely  ordain- 
ed in  the  petty  republics  of  Greece,  and  the  first  rudiments  of  the  Roman  stat^. 
But  this  will  be  highly  inconvenient,  when  the  public  territory  is  extended  to 
any  considerable  degree,  and  the  number  of  citizens  is  increased.  In  so  large 
a  state  as  ours,  it  is  therefore  very  wisely  contrived  chat  the  people  should  da 
that  by  their  representatives,  which  it  is  impracticable  to  perform  in  person." 

I    BtACKSTONFj   IjS.   IJp. 

The  above  quoted  words  are  sufficient  of  themselves  to  refute  the  notion  of 
"  virtual  representation"  of  Americans  in  parliament. 

As  to  the  argument  drawn  from  the  similitude  between  the  case  of  those  in 
England,  not  qualified  to  vote  by  their  property,  though  possessed  of  a  consider- 
able share,  as  proprietors  of  the  funds  --  the  East-India  company  --  mer- 
chants ----  manufacturers,  &c.  and  the  case  of  colonists,  the  true  answer  is,  that 
there  is  no  resemblance  whatever  between  the  cases.  A  few  propositions 
will  prove  it  :  but  it  may  be  proper  to  premise  —  1st.  If  representation  was 
intended  by  the  constitution  of  England,  a  complete  representation  was  intended  ; 
for  the  reason  of  having  any,  requires  having  a  complete  one,  *s  bting  the  best. 

r  See  Davis's  reports,  Lond.  1628.  page  41. 


J  "  the  ends  of  government  cannot  be  answered  by 
a  total  dissolution  of  all  happiness  at  present,  and 
of  all  hopes  for  the  future." 


2cUy. If  a  complete  representation  was  intended  by  the  constitution,  every  defect 

in  the  representation,  is  against  the  intention  of  the  constitution.  3dly.  If  a  re- 
spectable part  of  the  people  in  England  is  not  represented,  /'/  is  a  defect.  4thly. 
If  therefore,  the  intention  of  the  constitution  is  to  be  regarded  as  the  constitution,  it  in- 
volves a  plain  absurdity ,  to  infer  a  greater  defect  being  constitutional,  from  a  tmteUerdc* 
feet  which  is  unconstitutional.  Jthly .  The  intention  of  the  constitution  must  be  regard- 
ed, and  practices  inconsistent  with  its  design,  must  be  amended  by  it,  if  the  happiness 
which  it  means  to  promote  and  secure,  is  to  be  regarded.  6th ly.  If  there  ia 
not  such  a  representation  in  England,  as  the  constitution  requires,  there  ought  to  be. 
As  to  the  resemblance  above  supposed.  1st.  If  many  inhabitants  of  England 
HAVE  NOT  a  right  to  vote  in  the  choice  of  members  of  the  house  of  commons, 
there  are  many  who  HAVE.  adly.  Not  one  inhabitant  of  the  colonies,  has  that 
right.  3dly.  Some  representation  is  better  than  none,  though  a  complete  one  can- 
not be  obtained.  The  first,  is  a  defect  of  mode,  the  latter  an  extinction  of  the  sub- 
stance. There  is,  to  a  nice  observer  of  nature,  a  perceptible  difference  between  a 
deformed  man  and  a  DEAD  man.  4thly.  Proprietors  of  the  funds,  &c.  tho' 
they  have  no  right  to  such  vote,  as  proprietors,  &c.  may  yet  have  it  under  ano- 
ther character,  as  freeholders ,  &c.  Jthly.  When  acting  as  freeholders,  \&c.  they 
may  take  care  of  their  interests  as  proprietors,  Is'c.  for — 6thly.  Their  being  pro- 
prietors, &c.  does  not  disqualify  them,  from  acquiring  and  enjoying  a  right  to 
t>uch  vote  by  becoming  freeholders,  &c.  but — ythly.  Ey  acquiring  and  enjoying  a 

right  to  such  vote,  the  colonists  must  cease  to  be  inhabitants  of  the  colonies 

Sthly.  Their  being  inhabitants  of  the  colonies  therefore  disqualifies  them  from  acquir- 
ing and  enjoying  the  right  to  such  vote. — pthly.  If  those  not  intitled  to  such 
vote  in  England  were  not  bound  by  statutes  made  there,  they  would  not  be  bound 
by  statutes,  nor  taxed  at  all,  though  possest  of  great  property — but  lothly — 
The  colonists  are  bound  and  taxed  by  the  acts  of  their  assemblies.  llthly.  Even 
those  not  intitled  to  such  vote  in  England,  and  incapable  of  obtaining  it,  have 
this  protection,  that  representatives  and  their  electors  are  bound  by  the  laws  made, 
as  well  as  the  rest  of  the  people — and  the  connections  between  the  representatives , 
their  electors ,  and  the  rest  of  the  people,  all  living  together  in  the  same  kingdom, 

t  HOADLEY'S  Disc,  on  government. 


(      343     ) 

THE  just  inference  therefore  from  these  pre- 
mises, would  be  an  exclusion  of  any  power  of  par- 
liament over  these  colonies,  rather  than  the  admis- 
sion of  an  unbounded  power. 


are  so  many  and  so  intimate,  that  even  the  actually  unrepresented  cannot  be  af- 
fected, unless  the  representatives  and  their  electors  are  affected  also.  lathly.  To- 
tally different  is  the  condition  of  colonists,  if  bound  by  statutes  generally. — By 
tiie  acts  of  parliament  for  raising  a  revenue  in  America,  the  commons  use  the 
words,  "give  and  grant."  Can  men  give  and  grant  what,  they  have  not?  Did 
any  of  those  acts  take  a  single  penny  out  the  pocket  of  a  single  giver  zndgrantor? 
No.  So  far  from  it,  th&t  if  there  is  any  truth  in  the  proverb,  and  money  saved  is 
money  got,  these  "  dona  ferentes"  gentlemen  put  money  into  their  pockets  by 
their  s  "  loyal  and  dutiful"  generosity.  Every  individual  of  them  acquired  by 
bestowing.  Pretencions  thus  to  give,  are  such  contradictions  to  fact  and  sense, 
that  in  making  them  a  sanction  of  injustice  is  sought  from  a  principle  of  the  con- 
stitution, and  in  describing  them,  a  solecism  in  speech  becomes  a  proper  expres- 
sion. It  must  be  acknowledged  however,  that  the  commons  are  more  than 
sound  divines,  for  they  improve  upon  the  text, c  and"  count  their  loss  for  gain." 

Statutes  might  grind  us,  while  not  an  elector  in  England  would  know  or  re- 
gard our  sufferings — if  acquainted  with  them,  he  might  think  the  statutes  inflict- 
ing them,  JUST  and  POLITICAL.  An  open  avowal  has  been  made  in  parlia- 
ment— that  it  is  u  "  the  indispensiUe  duty  of  parliament,  TO  TAX  THE  COLO- 
NIES ;'//  order  to  ease  the  gentry  and  people  of  Great-Britain"  Let  not  Americans 
ever  forget  the  lordly  words  !  To  understand  them  fully  we  should  consider — 

Our  dispute  includes  not  only  the  present  taxes  laid  upon  us.  The  univer- 
sal property  of  England  was  interested  in  mr.  Hampdens  suit,  about  a  few  shil- 
lings. If  the  ciown  had  a  right  to  those  shillings,  it  had  a  right  to  every  shilling 
of  every  man  in  the  kingdom.  Great-Britain  is  about  ONE  HUNDRED  AND 
FORTY  MILLIONS  OF  POUNDS  STERLING  in  debt.  If  she  can  pay 

s  Preambles  to  statutes  for  raising  a  revenue  in  America. 

c  Pbilippians  iii     7. 

u  These  words  are  extracted  from  the  protest  of  the  lords  on  the  repeal  of 
the  American  stamp-act — sec.  6. — 6 1  lorJ<  were  against  the  repeal,  33  of  them 
signed  the  protest. 


(       34,4,     ) 

WE  well  know,  that  the  colonists  are  charged 
by  many  persons  in  Great-Britain,  with  attempt- 
ing  to  obtain  such  an  exclusion  and  a  total  hide- 


any  fart  of  that  debt,  by  taxing  us,  she  may  pay  the  whole  by  taxing  us,  if  we 
can  raise  the  money.  If  we  cannot,  yet  as  we  are  upbraided  continually  in 
pamphlets  and  papers  with  the  richness  of  our  houses,  our  furniture,  our  equi- 
page, our  tables,  and  our  dress,  she  may  be  made  to  think  we  abound  too  much 
in  these  conveniences.  If  we  are  reduced  to  the  condition  of  French  peasants,  iC 
is  no  matter.  We  belong  to  the  people  of  Great-Britain  :  and  all  British  sub- 
jects but  Americans,  may  do  what  they  please  with  their  own.  "  It  is  her  indis- 
pcnsible  DUTY,"  say  their  lordships,  "  to  ease  herself  by  taxing  us  ;"  and  sure- 
ly there  is  virtue  enough  left  in  a  British  parliament,  notwithftanding  all  the 
dreadful  intelligence  British  writers  send  us  over,  to  perform  that  "  duty,"  ex- 
actly. But  this  is  net  all.  There  are  certain  wicked  Frenchmen  and  Spaniards, 
that  in  every  period  of  twenty  or  thirty  years  oblige  Great-Brituin  to  add  thirty 
or  forty  millions  to  her  debt.  Upon  an  average,  since  the  revolution,  she  runs 
annually  in  debt  about  a  million  and  an  half.  Can  it  be  expected,  her  ministers 
will  be  kinder  to  us,  than  they  have  been  to  her  ?  Where  will  the  demand 
upon  us,  where  will  our  wretchedness  flop,  if  \ve  have  not  resolution  enough 
to  defend  ourselves  ? 


A  statute  intended  to  have  force  on  the  people  of  Great-Britain,  is  the  case 
of  A  STATE  acting  upon  ITSELF.  A  statute  intended  to  have  force  on  the  peo- 
ple of  America,  is  the  case  of  ONE  state  acting  upon  ANOTHEK.  The  people  of 
Great-Britain,  who  in  the  first  case  are  subjut  to  the  ftatute — in  the  second,  arc 
the  absolute  sovereigns  'who  impose  it  on  others. 

"  Virtual  representation"  then,  as  applied  to  colonists — is,  to  borrow  expres- 
sions of  the  excellent  archbishop  Tillitscn,  on  another  occasion,  altering  only 
two  words — "  an  absurdity  of  that  monstrous  and  massy  weight,  that  no  hu- 
man authority  or  wit  are  able  to  support  it.  It  will  "  make  the  very  pillars 
of  St."  Stephen's  "  crack,  and  requires  more  volumes  to  make  it  good  than 
Would  fill"  Westminster-Hall. 


(      345      ) 

pendence  on  her.  As  well  we  k^ow  the  accusation 
to  be  utterly  false.  We  are  become  criminal  in  the 
sight  of  such  persons,  by  refusing  to  be  guilty  of 
the  highest  crime  against  ourselves  and  our  poster- 
ity.  Nolumus  leges  Anglice  mutari.  This  is  the 

rebellion  with  which  we  are  stigmatized. [We 

have  commited  the  like  offence,  that  was  objected 
by  the  polite  aud  humane  Fimbria,  against  a  rude 
senator  of  his  time.  We  have  "  disrespectfully 
refused  to  receive  the  ivbole  weapon  into  our  bo- 
dy." We  could  not  do  it,  and  I  he.  But  that 
must  be  acknowledged  to  be  a  poor  excuse,  equally 
inconsistent  with  good  breeding  and  the  supreme 
legislature  of  Great- Britain.^ 

FOR  these  ten  years  past  we  have  been  inces- 
santly *  attacked.  Hard  is  our  fate,  when,  to  escape 
the  character  of  rebels,  we  must  be  degraded  into 


Yet  this  tnoft  despicable  notion  has  been  thtfretaut,  for  our  fellow  subjects* 
clapping  muskets  to  our  breads,  and  taking  our  money  out  of  our  pockets. 

*4Geo.  3,  chap.  15.  4.  Geo.  3,  chap.  34.5.  Geo.  3,  chap.  12.  5  Geo.  3, 
chap.  45.  6  Geo.  3,  chap.  13.  6  Geo.  3,  chap.  52.  7  Geo.  3,  chap.  41. 
7  Geo.  3,  chap.  46.  7  Geo.  3,  chap.  59.  8  Geo  3,  chap.  11.  The  resolves  that 

colonists  may  be  tried  in  England  under  the  35  Hen.  8. The  blockade  of 

Boston the  Rhode-Island  court,  &c.  &c. 

v  "  Win  their  hearts,  and  you  may  soon  have  their  Lands  and  purses"  was 
the  advice  of  old  lord  Burlci^b  to  queen  FAlzabdh.  She  \vas  wise  enough  to 
take  it.  The  world  knows  the  consequences. 

VOL.   i.  2  U 


that  of  slaves  :  as  if  there  was  no  medium,  between 
the  two  extremes  of  anarchy  and  despotism,  where 
innocence  and  freedom  could  find  repose  and 
safety. 

Why  should  we  be  exhibited  to  mankind,  as  a 
people  adjudged  by  parliament  unworthy  of  free- 
dom ?  The  thought  alone  is  insupportable.  Even 
those  unhappy  persons,  who  have  had  the  misfortune 
of  being  born  under  the  yoke  of  bondage,  imposed 
by  the  cruel  laws,  if  they  may  be  called  lawrs,  of 
the  land,  where  they  received  their  birth,  no  soon- 
er breathe  the  air  of  England,  though  they  touch 
her  shore  only  by  accident,  *  than  they  instantly 
become  freemen.  Strange  contradiction,  f  The 
same  kingdom  at  the  same  time,  the  asylum  and 
the  bane  of  liberty. 


The  statutes  .since  the  8th  year  of  this  reign,  relating  to  the  colonies,  follow 
one  another  much  in  the  same  quick  manner  as  before  :  hut  they  could  not  be 
collected.  Many  of  the  statutes  here  mentioned,  particularly  those  relating  to 
the  admiralty  courts  and  the  commissioners  of  the  customs,  are  connected  with 
a  multitude  of  other  statutes,  by  being  compared  with  which,  the  artifices 
nyill  appear,  that  gradually  departing  from  the  laws  of  England,  have  at  length 
invested  these  courts  and  commissioners  with  such  nev/,  unreasonable,  uncon- 
Ititational  and  dangerous  powers. 

*  Somerset's  case. 

•f-  To  this  contradiction,  the  following  may  be  added— Her  policy  at  once  to 
keep  peace  with  her  natural  tnemus,  and  to  provoke  her  natural  friends  >  whose 

assistance  one  day — '—and  that  day  seems  to  be  approaching in  the  vicissitudes 

of  human  affairs,  great  as  she  is,  she  may  want ; her  interests,  as  she  thinks. 


(       347     ) 

To  return  to  the  charge  against  us,  we  can  safely 
appeal  to  that  Being,  from  whom  no  thought  can  be 
concealed,  that  our  warmest  wish  and  utmost  am- 
bition is,  that  we  and  our  posterity  may  ever 
remain  subordinate  to,  and  dependent  upon  our 
parent  state. This  submission  our  reason  ap- 
proves, our  affection  dictates,  our  duty  commands, 
and  our  interest  inforces. 

IF  this  submission  indeed  implies  a  dissolution 
of  our  constitution,  and  a  renunciation  of  our  li- 
berty, we  should  be  unworthy  of  our  relation  to  her, 
if  we  should  not  frankly  declare,  that  we  regard  it 
with  *  horror  ;  and  every  true  Englishman  will  ap- 


to  protect  and  to  oppress  PROTESTANT  countries to  abhor  a  large  standing 

army,  and  yet  voluntarily  to  put  herself  under  the  absolute  necessity,  of  per- 
petuating an  immensely  large  one,  to  govern  the  many  millions  of  slaves  she  ex- 
pects soon  to  have  on  this  vast  continent.  Two  of  the  shrewdest,  though  not 
best,  emperors,  that  ever  lived,  Augustus  and  Tiberius,  prohibited  every  man  of 
distinction  from  setting  his  foot  in  Egypt,  w  because  of  the  importance  of  that 
province  to  Rome.  But  Great-Britain,  as  if  these  numerous  provinces,  much 
more  remote  from  her,  than  Egypt  from  Rome,  were  of  little  consequence,  will- 
ingly obliges  herself  to  trust  a  mighty  armed  power  into  the  hands  of  a  subject, 
in  these  colonies,  the  tempting  interest  of  which  subject  and  of  the  people,  may 
engage  them  to  unite  in  establishing  an  independent  empire,  on  her  own 
model.  Great-Britain  ought  not  to  forget,  that  Rome  was  ruined  by  keeping 
standing  armies  in  her  provinces. 

*  The  Priwrnates  had  revolted  from  the  Rsmans,  but  were  reduced.     The 
question  was,  what  judgment  should  be  given  against  them.     This  is 
account  of  the  glorious  affair,  in  the  2i(l  chapter  ef  his  8th  book. 

w  Tac. 


plaud  this  just  distinction  and  candid  declaration, 
[Our  defence  necessarily  touches  chords  in  unison 
with  the  fibres  of  his  honest  heart.  They  must  vir 
brate  in  sympathetic  tones.  If  we,  his  kindred, 
should  be  base  enough  to  promise  the  humiliating 
subjection,  he  could  not  believe  us.  We  should 
suffer  all  the  infamy  of  the  engagement,  without 
finding  the  benefit  expected  from  being  thought  as. 
contemptible  as  we  should  undertake  to  be.] 

BUT  this  submission  implies  not  such  insupport^ 
able  evils  :  and  our  amazement  is  inexpressible, 
when  we  consider  the  gradual  increase  of  these  colo- 

"  Quum  ipsa  per  se  res  anceps  esset,  prout  cujusquc  ingenlum  erat,  atrocius 
fnitiusve  suadentibus  ;  turn  incertiora  omnia  unus  ex  Privernatib.us  legatis  fe- 
cit, magis  condkionis,  in  qua  natus  esset,  quam  praesentis  necessitatis,  memor: 
qui,  interrogates  a  quodam  tristioris  sentential  auctore,  quam  panam  meritos  Pri- 
•uernatcs  cenceret  ?  earn,  inquit,  quam  mcrentur,  qui  se  libertate  digrtos  cement :  cujus 
qHum  feroci  response  infestiorea  factos  videret  consul  eos,  qui  ante  Privernati- 
um  causam  impugnabant ;  ut  ipse  benigna  interrogatione  mitius  responsum  eli- 
ceret,  ^uid,  si  pcenam,  inquit,  remittimus  vobis,  qualem  nos  pacem  iiobiscum  habituros 
speremui  ?  Si  bonam  dederitls,  inquit,  Iff  jidam,  tfJ*  perpduam  :  si  malamy  baud  diu- 
turnam.  Turn  vero  minari,  nee  id  ambigue  Privernatem  quidam,  &  illis  vo- 
cibus  ad  rebellandum  incitari  pacatos  populos,  pars  melior  senatus  ad  meliora 
responsun^  trahere,  &  dicere,  viri,  ty  liberl^  vocem  auditam,  an  credi  posse,  ullum 
populum,  aut  hominem  ddnique,  in  ea  conditions,  cujus  eum  pteniteat,  diutius,  quam  ne- 
case  sit,  mansurum  ?  Ibi  pacem  cssejidam,  ubi  •voluntarii  pacati  tint  :  neque  eo  loco, 
vbi  servitutcitt  esse  vdint,Jidcm  spcrandam  esse.  In  hanc  sententiam  maxime  consul 
ipse  inclinavit-animos,  identidem  ad  principes  sententiarum  consulares,  uti  ex- 
audiri  posset  a  pluribus,  dicendo,  Eos  demum,  qui  ni'inl,  prceterquam  de  libertate^ 
cogiteni,  dignos  esse,  git:  Romani Jiant .  Itaque  &  in  senatu  causam  obt'nuere,  & 
ex  auctoritate  Patrum  latum  ad  populum  cst,  ut  Privernatibus  CIVITAS 

TUR." 


(      349      ) 

nies,  from  their  slender  beginnings  in  the  last  centu- 
ry to  their  late  flourishing  condition,  and  how  pro- 
digiously, since  their  settlement,  our  parent  state 
has  advanced  in  wealth,  force  and  influence,  till  she 
is  become  the  first  power  on  the  sea,  and  the  envy 
of  the  world-— that  these  our  better  days  should  not 
strike  conviction  into  every  mind,  that  the  freedom 
and  happiness  of  the  colonists  are  not  inconsistent 
\vith  her  authority  and  prosperity. 

THE  experience  of  more  than  one  hundred  years 
will  surely  be  deemed,  by  wise  men,  to  have  some 
weight  in  the  scale  of  evidence  to  support  our  opini- 
on. We  might  justly  ask  of  her,  why  we  are  not 
permitted  to  go  on,  as  we  have  been  used  to  do 
since  our  existence,  conferring  mutual  benefits, 
thereby  strengthening  each  other,  more  and  more 
discovering  the  reciprocal  advantages  of  our  con- 
nection, and  daily  cultivating  affections,  encour- 
aged by  those  advantages  ? 

[WHAT  unknown  offences  have  we  committed 
against  her  within  these  ten  years,  to  provoke  such 
an  unexampled  change  in  her  conduct  towards  us  ? 
In  the  last  war,  she  acknowledged  us  repeatedly, 
to  be  faithful,  dutiful,  zealous  and  useful  in  her 
cause.  Is  it  criminal  in  us,  that  our  numbers,  by 
the  favour  of  Divine  Providence,  have  greatly  in- 
increased  ?  That  the  poor  choose  to  fly  from  their 


(      350      ) 

native  countries  in  Europe  to  this  continent  ?  Or? 
that  we  have  so  much  improved  these  woods,  that 
they  are  not  only  very  valuable  to  us,  but  also  high- 
ly beneficial  to  Britain  herself? 

IT  cannot  with  truth  be  urged,  that  projects  of 
innovation  have  commenced  with  us.  Facts  and 
their  dates  prove  the  contrary,  f  Not  a  disturbance 
has  happened  on  any  part  of  this  continent,  but  in 
consequence  of  some  immediately  preceding  provo- 
cation. 

To  what  purpose  ?  The  charge  of  our  affecting 
one  great,  or  many  small  republics,  must  appear  as 
contemptible  a  madness  to  her,  as  it  does  to  us. 
Divided  as  we  are  into  many  provinces,!  and  inca- 


•j-  "  The  winds  lift  up  the  waves," said  a  wise  man yet  we  read  of 

a  weak  man,  who  scourged  waves but  he  had  not  raised  them.     To  excite 

commotions,  and  then  to  scourged/or  being  excited,  is  an  addition  to  the  wildness 
of  a  Xerxes,  reserved  more  particularly  to  distinguish  the  present  age,  already 
sufficiently  notorious  hy  the  injuries  offered  to  the  rights  of  human  nature. 

\  The  genius  of  a  JSeecaria,  suggested  to  him  the  condition  of  a  large  em- 
pire verging  into  servitude the  only  plan  for  saving  it, and  the  diffi- 
culty of  executing  that  plan.  "An  overgrown  republic  (says  he)  can  only  be 
saved  from  despotism,  by  subdividing  it  into  a  number  of  confederate  republics.  But 
how  is  this  practicable  ?  By  a  despotic  dictator,  who  with  the  courage  of  Sylla, 
has  as  much  genius  for  building  up,  as  that  Roman  had  for  pulling  down.  If 
he  be  an  ambitious  man,  his  reward,  will  be  immortal  glory  ;  if  a  philosopher, 
the  blessings  of  his  fellow  citizens  will  sufficiently  console  him  for  the  loss  of 
authority,  though  he  should  not  be  insensible  to  their  ingratitude." 


pable  of  union,  except  against  a  common  danger, 
she  knew,  that  we  could  not  think  of  embarking  our 
treasures  of  tranquility  and  liberty,  on  an  ocean  of 


What  was  argument  in  Italy,  is  reality  to  Great-Britain,  with  this  additional 
circumstance  in  her  favour,  that  she  must  always  continue,  if  she  wisely  con- 
ducts her  affairs,  though  less  than  all,  yet  greater  than  any.  ^  The  immense 
advantages  of  such  a  situation,  are  worthy  the  closest  attention  of  every  Briton. 
To  a  man,  who  has  considered  them  with  that  attention,  perhaps  it  will  not 
appear  too  bold  to  aver,  that,  if  an  archangel  had  planned  the  connection  be- 
tween Great-Britain  and  her  colonies,  he  could  not  have  fixed  it  on  a  more  last- 
ing and  beneficial  foundation,  unless  he  could  have  changed  human  nature. 

A  mighty  naval  power  at  the  head  of  the  whole that  power,  a  parent  state, 

with  all  the  endearing  sentiments  attending  the  relationship that  never 

could  disoblige,  but  with  design the  dependent  states  much  more  apt  to 

have  feuds  among  themselves she  the  umpire  and  controuler those 

states  producing  every  article  necessary  to  her  greatness their  interest,  that 

she  should  continue  free  arid  flourishing — their  ability  to  throw  a  considerable 

weight   into  the  scale,  should  her  government  get  UNDULY  POISED she 

and  all  those  states  PROTESTANT are  some  of  the  circumstances,  that  de- 
lineated by  the  masterly  hand  of  a  Beccarla,  would  exhibit  a  plan,  vindicating 
the  ways  of  heaven,  and  demonstrating  that  humanity  and  policy  are  nearly  related. 
An  Alexander,  a  C<esar,  a  Charles,  a  Lewis,  and  others,  have  fought  through 
fields  of  blood,  for  universal  empire.  Gnat- Britain  has  a  certainty,  by  population 
tind commerce  alone,  of  attaining  to  the  most  astonishing  and  well  founded  power 
the  world  ever  saw.  The  circumstances  of  her  situation  are  new  and  striking. 
Heaven  has  offered  to  her,  ghry  and  prosperity  without  measure.  Her  wise  minio- 
ters  disdain  to  accept  them and  prefer "  a  pepper  corn"  1 

So  directly  opposite  to  the  interest  of  Great-Britain,  has  the  conduct  of  ad- 
ministration  been  for  some  time  past,  that  it  may  safely  be  affirmed,  that  if  their 
view  was,  to  establish  arbitrary  power  over  Great-Britain,  schemes  more  dan- 
gerous could  not  have  been  laid.  To  profess  this  purpose,  would  ensure  a  de- 
feat. Any  man,  who  had  such  a  design,  would  first  take  the  opportunity  of 

peace,  TO  SET  ONE  PART  OF   THE  SUBJECTS   AGAINST  TUB  OTHER. 

Thtt  might  be  done  in  the  following  manner. 

*.  Air.  Nufrtnfs  speech. 


blood,  in  a  wandering  expedition  to  some  Utopian 
port.  The  history  of  mankind,  from  the  remotest 
antiquity  furnishes  not  a  single  instance  of  a  people 


Let  every  session  of  parliament  produce  a  fresh  injury.  Give  no  rest,  of  hope 
of  rest.  Let  insult  added  to  insult,  fill  up  the  vacancies  between  the  sessions. 
Tease  and  persecute  into  opposition.  Then  let  ministers  themselves  rejoice  in  the 
freedom  of  the  press.  .Let  every  action  of  the  oppressed  be  exaggerated.  Let 
innumerable  false  invectives  be  venied  in  pamphlets  and  news-papers .  Let  all  the  pro- 
vocations and  excuses  te  concealed  from  public  sight  as  much  as  possible.  Load  the 
devoted  with  the  terms  of  traitors  and  rebels-  Nearly  in  this  way  Scotland  was 
treated  by  the  arbitrary  ministry  of  Charhs  the  first.  But  the  parliament  and 
people  of  England  had  common  sense  and  virtue.  The  base  deception  cculd  not  past 
upon  them.  They  saw  the  snare  laid  for  them  ;  and  resented  it  so  deeply,  that  aa 
army  of  Englishmen  fled  before  an  army  of  Scotchmen  at  Neivburn.  For  once  it 
\vas  glorious  to  fly.  But  it  required  English  heads  and  Engliih  hearts  to  under- 
stand and  to  act  the  part. 

Thus  the  colonies  have  been  treated.  At  last  a  civil  war  may  be  worked 
up.  It  should  be  considered,  as  lord  Mansfield  expresses  it  —  whether  "  the  play 
is  \\orth  the  candle."  In  such  a  war,  every  victory  will  be  a  defeat.  If  the 
colonies  are  subdued,  vast  sums  must  be  raised,  and  a  prodigious  army  must  be 
supported,  to  keep  them  in  subjection.  Great-Britain  must  feel  the  weight  of 
that  influence,  added  to  the  power  of  the  crown.  The  colonies  are  increasing. 
Who  can  compute  the  extent  and  effect  of  such  an  influence  ?  x  Undone  by  her 

x"  But,  on  the  other  hand,  it  is  to  be  considered,  that  every  prince,  in  the 
first  parliament  after  his  accession,  has  by  long  usage  a  truly  royal  addition  to 
his  hereditary  revenue  settled  upon  him  for  his  life  ;  and  has  never  any  occasi- 
on to  apply  to  parliament  for  fupplics,  but  upon  some  public  necessity  of  the 
whole  realm.  This  rcftorcs  to  him  that  constitutional  independence  which  at 
riU  first  accession  seems,  it  must  he  owned,  to  be  wanting.  And  then,  with 
regard  to  po;<ver,  we  may  find  y-erhaps  that  the  hands  of  government  are  at  least 
sufficiently  strengthened  ;  and  that  an  English  monarch  is  now  in  no  danger  of 
being  overborne  by  either  the  nobility  or  the  people.  The  instruments  of  pow- 
er are  not  perhaps  so  open  and  avowed  as  they  formerly  were,  and  therefore 
are  the  less  liable  to  jealous  and  invidious  reflections ;  but  they  are  not  the 
weaker  upon  that  account.  In  short,  our  national  debt  and  taxes  'besides 
the  inconveniencies  before-mentioned^  have  also  in  their  natural  consequences 
thrown  such  a.  weight  of  power  into  the  executive  scale  of  government,  as  we 
cannot  think  was  intended  by  our  patriot  ancestors ;  who  gloriously  flruggled 


(      353      ) 

consisting  of  husbandmen  and  merchants,  volunta- 
rily engaging  in  such  a  phrensy  of  ambition.  No. 
Our  highest  pride  and  glory  has  been,  with  humble 


victories,  she  mint  resign  her  LIBERTY  to  some  future  monarch  •with  her  colonies , 
unless  she  first  loses  them  in  another,  way.  If  she  is  unfortunate,  public  cala- 
mities may  make  great  changes.  Such  changes  seem  to  be  intended  by  seme 
men.  Great-Britain  has  been  led  into  the  rubicon.  She  has  not  yet  past  it.— 
We  consider  the  hostilities  already  practised,  as  the  manoeuvres  of  a  ministe- 
rial war.  We  know  the  machinations  formed  against  us,  and  the  favourite 
publications  industriously  spread  abroad,  to  excite  a  jealousy  of  us  among  our 
British  brethren.  TT'c  know  how  acceptable  to  many  an  earthquake  would  be 
to  "  sink  some  of  the  colonies  in  the  ocean" — and  how  pleasing,  to  employ  the 
rest  "  in  raising  staple  commodities:"  that  we  are  thought  "  too  numerous,"  and 


for  the  abolition  of  the  then  formidable  parts  of  the  prerogative,  and  by  an  un- 
accountable want  of  foresight  established  this  syftem  in  their  stead.  ¥he  entire 
collection  and  management  of  so  vast  a  revenue,  being  placed  in  the  hands  of  the  croivnt 
have  given  rise  to  such  a  multitude  of  new  officers,  created  by  and  removeable 
at  tue  royal  pleasure,  that  they  have  extended  the  influence  of  government  to 
every  corner  of  the  nation.  Witness  the  commissioners,  and  the  multitude  of  de- 
pendents on  the  customs,  in  every  port  of  the  kingdom  ;  the  commissioners  of  excise, 
and  their  numerous  subalterns,  in  every  inland  district :  the  postmasters^  and  their 
servants,  planted  in  every  town,  and  upon  every  public  road  ;  the  commissioners 
efthe  stamps,  and  their  distributers,  which  are  full  as  scattered  and  full  as  numer- 
ous ;  the  officers  of  lie  salt  duty,  which,  though  a  species  of  excise,  and  conducted 
in  the  same  manner,  are  yet  made  a  distinct  corps  from  the  ordinary  mana- 
gers of  that  revenue  ;  the  surveyors  of  houses  and  ivindoivs  ;  the  receivers  of  the 
(and  tax  i  the  managers  of  lotteries  ;  and  the  commissioners  of  hackney  coaches;  all 
which  are  either  mediately  or  immediately  appointed  by  the  crown,  and  re- 
moveable at  pleasure  without  any  reason  assigned  :  these,  it  requires  but  little 
penetration  to  see,  must  give  that  power,  on  which  they  depend  for  subsist- 
ence, an  influence  most  amazingly  extensive.  To  this  may  be  added  the  fre- 
quent opportunities  of  conferring  particular  obligations,  by  preference  in  !oanst 
subscriptions,  tickets,  re?>iittjntes,  and  other  mon.y  transactions,  which  will  greatly  in- 
crease this  influence  ;  and  that  over  those  persons  whose  attachment,  on  ac- 
count of  their  wealth,  is  frequently  the  most  desirable.  All  this  is  the  natu- 
ral, though  perhaps  the  unforeseen,  consequences  of  erecting  cur  funds  of  cre- 
dit, and  to  support  them,  establishing  our  present  perpetual  taxes  :  the  whole 
of  which  is  intirely  new  since  the  restoration  in  1660  ;  and  by  far  the  greatest 
part  bince  the  revolution  in  1688.  And  the  same  may  be  said  with  regard  to 

VOL.   i.  2  W 


unsuspecting  duty*  to  labour  in  contributing  to 
elevate  her  to  that  exalted  station,  she  holds  among 
the  nations  of  the  earth,  and  which,  we  still  ardently 
desire  and  pray,  she  may  hold,  with  fresh  accessions 
of  fame  and  prosperity,  till  time  shall  be  no  more. 


liow  much  it  would  be  judged  by  some  for  the  interest  of  Great-Britain,  if  a 
pestilence  should  sweep  off  "  a  million  and  a  half"  of  us.  These  wonderful 
lucubrations  have  not  escaped  us.  But  here  we  are,  by  Divine  Providence,  three 
millions  of  souls.  What  can  be  done  with  us  ?  If  we  were  to  be  considered, 


the  officers  in  our  numerous  army,  and  the  places  which  the  army  has  created. 
All  which  put  together,  gives  the  executive  power  so  pursuasive  an  energy 
with  respect  to  the  persons  themselves,  and  so  prevailing  an  interest  with  their 
friends  and  families,  as  will  amply  make  amends  for  the  loss  of  external  pre- 
rogative. 

"  But,  though  this  profusion  of  offices  should  have  no  effect  on  individuals, 
there  is  still  another  newly  acquired  branch  of  power  ;  and  that  is,  not  the  in- 
fluence only,  but  Deforce  of  a  disciplined  army  :  paid  indeed  ultimately  by  the 
people,  but  immediately  by  the  crown  ;  raised  by  the  crown,  officered  by  the 
crown,  commanded  by  the  crown.  They  are  kept  on  foot  it  is  true  only  from 
year  to  year,  and  that  by  the  power  of  parliament ;  but  during  that  year  they 
must,  by  the  nature  of  our  constitution,  if  raised  at  all,  be  at  the  absolute  dis- 
posal of  the  crown.  And  there  need  but  few  words  to  demonstrate  how 
great  a  trust  is  thereby  reposed  in  the  prince  by  his  people.  A  trust,  that  is 
more  than  equivalent  to  a  thousand  little  troublesome  prerogatives. 

"  Add  to  all  this,  that,  besides  the  civil  list,  the  immense  revenue  of  almost  se- 
ven millions  sterling,  wkich  is  annually  paid  to  the  creditors  of  the  public,  or 
carried  to  the  sinking  fund,  is  first  deposited  in  the  royal  exchequer,  and 
thence  issued  out  to  the  respective  offices  of  payment.  This  revenue  the  peo- 
ple can  never  refuse  to  raise,  because  it  is  made  perpetual  by  act  of  parliament ; 
•which  also,  when  well  considered,  will  appear  to  to  be  a  trust  of  great  delicacy 
and  high  importance." 

I  BLACKSTONE'S  COM.  book  I.  chap.  8.  page  334 — 336. 

*  It  has  been  suggested,"  that  subjects  sometimes  err,  by  not  believing  that 
princes  mean  as  well  as  they  do." — But  the  instances  are  numerous,  where  prin- 
ces and  their  courtiers  err,  by  nt>t  believing,  that  subjects  mean  as  well  as  they 
do, 


(      355      ) 

THESE  being  our  sentiments,  and,  we  are  fully 
convinced,  the  sentiments  of  our  brethren  through- 
out the  colonies,  with  unspeakable  affiiction,  we 

only  as15  PROTESTANT  allies,  we  ought  to  be  esteemed  by  a  wise  people. — — 
Such  a  people  certainly  would  not  be  careful  to  disunite  us  from  their  interest-— 
to  make  us  foes  when  they  might  have  us  friends.  Some  states  have  thought 
it  true  policy  to  grant  greater  indulgences  to  remote  dominions,  than  were  en- 
joyed by  themselves  :  and  this  policy  has  been  much  applauded.  The  enjoy- 
ment of  valuable  privileges  by  inferior  states,  under  the  protection  of  a  supe* 
rior,  is  a  strong  bond  of  dependence.  Why  should  we  prefer  a  dependence  on 
Great-Britain  to  a  dependence  on  France,  if  we  enjoy  kss  freedom  under  the  for- 
mer, than  we  may  under  the  latter  ?  "  Firmissimum  imperittm,  quo  oledientes  GAU- 
DENT,' — or  as  lord  chief  justice  Cole  expresses  it,  in  his  comment  on  the  2jth 
of  Edivard  the  third, "  the  state  of  a  king  standeth  more  assured  by  the  love 
and  favour  of  the  subject,  than  by  the  dread  and  fear  of  laws,  &c."  a  Ought 


z  Great-Britain  put  herself  to  a  very  considerable  expence  last  war  in  de- 
fence of  Portugal,  because  that  kingdom  was  her  ally,  and  she  derived,  great 
advantages  from  an  intercourse  with  her.  But  what  are  those  advantages  or 
the  affections  arising  from  them,  when  compared  to  the  advantages  and  affec- 
tions that  connect  these  colonies  with  Great-Britain  ?  Words  cannot  express 
the  surprize,  that  men  free  from  passion  must  feel,  on  considering  her  impolicy, 
in  labouring  to  disjoin  from  herself  the  only  true  friends  she  has  in  the  world. 
If  her  ministers  were  pensioners  of  France  and  Spain,  they  could  not  pursue 
measures  mort  pleasing  and  advantageous  to  those  kingdoms. 

a  "  During  all  our  happy  days  of  eoncord,  partly  from  our  national  moder- 
ation, and  partly  from  the  wisdom,  and  sometimes  perhaps  frem  the  careless- 
ness of  our  ministers,  they  have  been  trusted  in  a  good  measure  with  the  en- 
tire management  of  their  affairs  ;  and  the  success  they  have  met  with  ought 
to  be  to  us  an  ever  memorable  proof,  that  tbr.  inn  art  efgoventfttnt  consists  in 
not  governing  too  much.  And  why  should  friendship  and  gratitude,  and  long  at- 
tachments, which  inspire  all  the  relish  and  sweetness  of  private  life,  be  suppos- 
ed to  be  of  no  weight  in  the  intercourse  between  great  communities  ?  These 
are  principles  of  human  nature,  which  act  with  much  greater  certainty  on 
numbers  than  on  individuals.  If  properly  cultivated  they  may  to.  us  be  pro- 
ductive of  the  noblest  benefits ;  and,  at  all  events,  will  neither  lessen  the  ex- 
tent of  our  power,  nor  shorten  the  duration  of  it." 

Bishop  of  St.  ASAPH'S  Sermon,  page  13. 

If  rulers  would  but  listen  to  the  voice  of  reason  and  experience,  they  would 
learn  this  important  truth,  that  men  are  more  easily  and  effectually  governed 
by  mildness  than  by  severity. 


(      356      ) 

find  ourselves  obliged  to  oppose  that  system  of  do- 
minion over  us,  arising  from  counsels  pernicious 

both  to  our  parent  and  her  children to  strive  if 

it  be  possible,  to  close  the  breaches  made  in  our 
former  concord — and  stop  the  sources  of  future  ani- 
mosities.— And  may  GOD"  Almighty,  who  delights 
in  the  titles  of  just  and  merciful,  incline  the  hearts 
of  all  parties  to  that  equitable  and  benevolent  temper, 
which  is  necessary,  solidly  to  establish  peace  and 
harmony,  in  the  place  of  confusion  and  dissension. 

THE  legislative  authority  claimed  by  parliament 
over  these  colonies  consists  of  two  heads — firft,  a 
general  power  of  internal  legislation  ;  and  secondly, 
a  power  of  regulating  our  trade  ;  both,  she  con- 
tends are  unlimited.  Under  the  first,  may  be  inclucl- 


Great-Brttain  to  despise  the  advantages  she  actually  receives  ivitb  safety  from  us, 
because  by  the  adoption  of  Spanish  maxims,  she  might  ivith  danger  extort  more  ? 

It  is  the  duty  of  every  colonist  to  oppose  such  maxims.  They  threaten  ruin 
to  our  mother  country  and  to  us.  We  should  be  guilty  of  treason  against 
our  sovereign  and  the  majesty  of  the  people  of  England,  if  we  did  not  oppose 
them.  England  must  be  saved  in  America.  Hereafter,  she  will  rejoice  that  we 
have  resisted—  and  thank  us  for  having  offended  her.  Her  wisdom  will  in  a  short 
time  discover,  the  artifices  that  have  been  used  by  her  worst  enemies  to  enflame 
her  against  her  dutiful  children ;  that  she  has  supported  not  her  own  cause, 
but  the  cause  of  an  administration  ;  and  will  clearly  distinguish,  which  will  most 
conduce  to  her  benefit,  safety,  and  glory,  tvell  treated  and  affectionate  colonies,  or 
millions  cf slaves,  an  unnatural  increase  of  her  standing  forces,  and  an  addition  to  the  inf,:;* 
wee  of  the  crcivti,  defying  all  calculation. 


(      357     ) 

ed  among  other  powers,  those  of  forbidding  us  to 
fworship  our  Creator  in  the  manner  we  think  most 

acceptable  to  him imposing  taxes  on  us 

collecting  them  by  their  own  officers inforcing 

the  collection  by  admiralty  courts  or  courts  martial 

abolishing    trials   by   jury establishing  a 

standing  armyj  among  us  in  time  of  peace,  with- 

f   See  Canada  bill. 

\  The  army  under  the  command  of  general  GAGE,  in  the  province  of  Mns- 

sacbusetts-Bay  alone,  amounts  to  several   thousand  men kept  there  -without 

foment  of  their  assembly,  and  to  be  augmented  as  the  general  shall  think  proper. 

"  I  must  own,  sir,  I  can  see  but  one  reason  for  raising  at  this  present  juncture, 
this  additional  number  of  troops,  and  that  is  to  strengthen  the  hands  of  the 
minister  against  the  next  elections,  by  giving  him  the  power  of  disposing  of 
(ommissions  to  the  sons,  brother  ?,  nephews,  cousins,  and  friends  of  such  as  have  in- 
terest in  boroughs  into  some  of  which  perhaps,  troops  may  be  sent  to  procure 
the  free  election  of  their  members,  in  imitation  of  the  late  Czarina  sending 
her  troops  into  Poland  to  secure  the  free  election  of  a  king. 

"  But  still  there  is  one  thing  more  fatal  than  all  I  have  yet  named,  that  must 
be  the  consequence  of  so  great  a  body  of  troops  being  kept  on  foot  in  England, 
and  -will  It  the  finishing  stroke  to  all  our  liberties.  For  as  the  towns  in  England  will 
not  be  able  much  longer  to  contain  quarters  for  them,  most  of  those  who  keep 
public  houses  being  near  ruined  by  soldier's  billeted  on  them  ;  so  on  pr^h'nce  ofihc 
necessity  of  itt  barracks  will  be  built  for  quartering  them,  which  will  be  as  so 
many  fortresses  ivitb  strong  garrisons  in  them,  erected  in  all  parts  of  England,  ivhiJi 
tan  tend  to  nothing,  but  by  degrees  to  subdue  and  enslave  the  kingdom. 

"  But  if  ever  this  scheme  should  he  attempted,  it  will  be  incumbent  on 
every  Englishman  to  endeavour  to  prevent  it  by  all  methods,  and  as  it  would  be 
tie  last  stand  that  could  be  ever  made  for  our  liberties,  rather  than  suffer  it  to 
be  put  in  execution,  IT  WOULD  BE  OUR  DUTY  TO  DRAW  OUR  SWORDS,  AXD 
NEVER  PUT  THEM  UP,  till  our  liberties  iuere  secured,  and  the  authors  of  our  intend- 


out  consent  of  our  assemblies paying  them 


ed slavery  brought  to  condign  punishment- • — I  hope  I  Shall  be  forgiven,  if  (luting 

the  debates  I  shall  take  the  liberty  of  speaking  again  ;  for  1  am  determined  tofght 
inch  by  inch,  every  proposition  that  tends,  as  I  think  this  does,  to  the  enslaving 
my  country." 

Lord  Viscount  GAGE'S  Speech  in  1739.  Parl.  Deb.  book  nth,  pag.  388. 
See  Montcsq.  on  standing  armies. 

A  minister  declared  in  the  house  of  commons,  that  he  should  "  alway* 
consider  it  as  a  part  of  the  constitution,  that  the  military  fhould  act  under  the 
civil  authority."  But,  by  order,  the  commander  in  chief  of  the  forces  has  pre- 
cedence of  a  governor,  in  the  province  under  his  government.  By  his  majesty's 
order,  transmitted  in  a  letter  dated  the  9th  of  February,  1765,  from  the 
secretary  of  state  to  the  commander  in  chief,  it  is  declared,  "  that  the  or- 
ders of  the  commander  in  chief,  and  under  him,  of  the  brigadiers-general, 
commanding  in  the  northern  and  seuthern  departments,  in  all  military 
affairs,  shall  be  SUPREME,  and  must  be  obeyed  by  the  troops,  as  such,  in  all  the 
eivil  governments  in  America.  That  in  cases,  -where  no  specific  orders  have  been 
given  by  the  commander  in  chief,  or  by  the  brigadier-general  commanding  in 
the  district,  the  civil  governor  in  council,  and  where  no  council  there  subsists, 
the  civil  governor,  may,  for  the  benefit  of  bis  government,  give  orders  for  the 
marching  of  troops,  the  disposition  of  them,  for  making  and  marching  detach- 
ments, escorts,  and  such  parely  military  services  within  his  government,  to 
the  commanding  officer  of  the  troops,  'who  is  to  gi<ve  proper  order  for  carrying  the 
same  into  execution  :  PROVIDED  they  are  not  contradictory  ts,  or  incompatible  ivithy 
any  order  he  may  have  received  from  the  commander  in  chief,  or  the  briga- 
dier-general of  the  district." 

In  May,  1769,  the  house  of  representatives  for  Mas  saehu*  cits-Bay,  requested 
governor  Bernard  "  to  give  the  necessary  and  effectual  orders  for  the  removal 
of  the  forces  by  sea  and  land  out  of  the  fort  of  Boston,  and  from  the  gate  of  the 
city,  during  the  session  of  the  said  assembly  ;"  to  which  he  answered- "  gentle- 
men, I  have  no  authority  over  his  majesty's  ships-  in  this  port,  or  his  troops  within 
this  town,  nor  can  I  give  any  orders  for  their  removal. 

May  3 1,  1769.  fra.  Bernard" 


(      359     ) 

with  our  money seizing  our  young  men*  for  re- 
cruits— changing  constitutions  of  governmentf — 


Thus,  our  governors,  the  captains-general  and  commanders  in  chief,  repre- 
senting the  sovereign,  and  known  to  the  constitution  of  these  colonies,  are 
deprived  of  their  legal  authority,  in  time  of  peace,  by  an  order — and  a  perpetual 
dictatorial  power  established  over  us.  To  accomplish  this  great  purpose,  it  was 
thought  proper  during  the  last  war,  to  change  the  mode  of  granting  military 
commissions,  and  to  pass  that  to  the  general  in  America  under  the  great  seal*  It 
is  not  known,  whether  this  uncommon  formality  has  been  observed  with  regard 
to  the  mijor-generals  of  the  respective  "  DISTRICTS." 

*  The  Germans  have  been  justly  celebrated  in  different  ages,  for  sagacity 
in  promoting  the  arts,  and  for  martial  spirit ;  yet  how  unhappy  have  they 
been  made  in  a  short  period  of  time,  by  that  single  engine  of  arbitrary  power, 
a  standing  army.  Their  distress  was  wrought  up  to  such  a  degree,  that  thou- 
sands, and  tens  of  thousands,  relinquished  their  native  country,  and  fled  to  the 

wildernesses  of  America. It  was  a  way  of  thinking  and  acting  that  became 

them.  For  Germans  may  truly  be  called  the  fathers  of  Englishmen.  From  b  Ger- 
many came  their  ancestors,  and  the  first  principles  of  the  constitution.  Gzr- 
mans  therefore  seem  to  be  more  justly  intitled  than  other  foreigners  to  the 
blessings  of  that  constitution.  To  enjoy  them,  in  this  free  country  as  it  then 
was,  they  came  here,  but  HOW  unfortunately  find,  arbitrary  government  and  a 
standing  army  pursuing  them  even  into  these  woods.  Numbers  of  them  now 
in  these  provinces,  have  served  in  the  armies  of  the  several  princes  in  Germany, 
and  know  well,  that  one  reason  with  their  rulers,  for  putting  swords  into  their 
hands  was  to  cut  the  throats  of  their  own  fathers,  brothers,  and  relations  who 
should  attempt  to  relieve  themselves  from  any  part  of  their  miseries.  Their 
former  sovereigns  are  now  completing,  it  is  said,  the  cruel  tragedy  of  tyranny. 
They  will  not  suffer  those  they  have  made  wretched,  to  seek  for  a  more  tole- 
rable existence  in  some  other  part  of  the  globe.  It  is  their  DUTY,  say  these 
unfeeling  princes,"  to  be  unhappy,  and  to  renounce  all  hopes  of  relief."  They 
are  prohibited  from  leaving  their  country.  Those  who  have  already  escaped 

f  Bill  for  changing  the  constitution  of 
b  I   BLACKSToxE,pagc.  147. 


(      S6o      ) 

stopping  the  press declaring  any  action,  even  a 

meeting  of  the  smallest  number,  to  consider  of 
peaceable  modes  to  obtain  redress  of  grievances  * 

high  treason taking  colonists  to  Great-Britain 

to  be  tried  f — exempting  "  murderers"  J  of  colo- 
nists from  punishment,  by  carrying  them  to  Eng- 
land,  to  answer  indictments  found  in  the  colonies 

§  shutting  up    our    ports prohibiting  us 

from  slitting*]"  iron  to  build  our  houses, ma- 
king ||  hats  to  cover  our  heads,  or  clothing  to  cover 
the  rest  of  our  bodies,  8cc.  -\\. 

into  these  colonies,  remember  what  they  and  their  parents  suffered  In  German^. 
The  old  tell  the  stories  of  their  oppressions  to  the  younger;  and  however  i-r.~ 
probable  it  may  appear  on  the  other  side  of  the  Atlantic,  it  is  asserted  by  persons 
well  acquainted  with  this  people,  that  they  have  very  little  inclination  TO  SUF- 
FER THE  SAME  CRUELTIES  AGAIN  ill  America. 

*   General  Gage's  proclamation,  dated  June   29,  1774. 

•\  Resolves  in   the  house  of  lords  on  35th  Hen.  8.  chap.  ctd. 

\  Bill  for  the  administration  of  justice,  &c. 

§  Boston  act. 

*i|  23d  Geo.  i  chap.  29. 

jj   5th  Gco.  a.  chap.  33. 

f4  If  Great-Srtiam  has  a  constitutional  power  to  prohibit  us  from  slitting 
iron  as  sbs  bjs  done,  she  has  a  constitutional  power,  that  is,  a  r>W>/,  to  prohibit  us 
from  raising-  grain  for  our  food;  for  the  principle  that  supports  one  law,  will 
support  the  other.  What  a  vast  demand  must  be  made  on  her  for  this  article, 
and  how  firmly  would  her  dominion  be  established,  if  we  depended  wholly  on 
her  for  our  daily  bread  ?  Her  modern  writers  consider  colonists  as  slaves  of 


IN  our  provincial  legislatures,  the  best  judges 
in  all  cases  what  suits  us founded  on  the  im- 


Great-Britain  shut  up  in  a  large  workhouse,  constantly  kept  at  labour,  in  procur- 
ing such  materials  as  she  prescribes,  and  wearing  such  clothes  as  she  sends. — 
Should  she  ever  adopt  the  measure  abovementioned,  and  on  our  complaints  of 
grievances,  withhold  food  from  us  -what  then  ?  why  then,  on  her  principle- 
it  would  be  our  right TO  BE  STARVED.  To  say  in  such  casc\~vc  should  have 

any  other  right,  would  be  a  "  trailerous  and  rebellious  denial  of  the  supreme  legis- 
lature of  Great-Britain"  for  she"  has  power  of  right  to  bind  us  by  statutes  in  all 
eases  whatsoever." 

Let  not  any  person  object  that  the  supposition  of  such  a  case  is  the  suggesti- 
on of  fancy.      The  Carthaginians,  those  masters  in  the  sublime  politics  of  commerce — 
politics  that  have  produced  so  many  dreadful  scenes  upon  earth,  forbad  the  Sar- 
dinians to  raise  corn,  in  order  to  keep  them  in  due  subjection.    The  East-Indiest 
St.  Vincents,  the  proceedings  at  Rhode- Island,  and  the  Boston  act,  &c.  give  rise 
to  many  alarming  apprehensions  in  America.     There  are  few  men  on  this  con- 
tinent would  be  as  much  surprized  at  that  measure,  as  at  some  late  measures. 
The  beginning  justifies  any  apprehensions.     Power  debauches   the  affections 
The  improbability  of  cases  happening,  is  no  answer  in  such  important  conside- 
rations.    The  laudable  spirit  of  commerce  may  be  inflamed  into  rapacity  and 
cruelty  in  a  nation  as  well  as  in  an  individual. We  must  regard  the  POW- 
ER claimed  by  Great-Britain,  not  solely  her  ivi/lor  contingencies  depending  on  that 
if/7/.    If  she  affixes  no  limits  to  her  fo-wer,  why  should  we  affix  any  to  its  effects  ? 
"  I  know  (says  mr.  Hoadly)  it  is  next  to  impossible,  that  any  such  case  should 
happen  :   but  if  buch  things  be  said,  and  such  cases,  in  effect,  be  put,  it  is  necessa- 
ry to  speak,  up'-n  the  supposition  of  such  cases.  —  And  methinks  it  is  but  a  narrow 
spirited  proceeding  in  us  to  go  just  no  farther  in  our  notions,  than  a  compliance 
with  our  oivn  present  condition  for ceth  us  ;  to  exclude  from  our  regard  the  condi- 
tion of  all  other  nations,  and  all  cases,  but  just  that,  which  hath  happened  last  of 
all  in  our  own." 

That  the  plan  of  governing  us,  by  withholding  necessaries  of  life,  has  been  con- 
sidered, and  in  what  light  colonies  arc  viewed  at  home,  the  following  extract* 
will  partly  shew. 

VOL.   i,  2  X 


(        S62        ) 

mutable  and  unalienable  rights  of  human  nature, 
the  principles  of  the  constitution,  and  charters  and 

"  It  appears  that  the  original  and  grand  evil  attending  them  was,  the  settle- 
ment of  so  considerable  a  part  in  a  climate  incapable  of  yielding  the  commodities 
wanting  in  Britain. 

"  These  northern  colonies,  long  after  their  disadvantageous  nature  was  known, 
were  continually  increased  by  fresh  migrations  from  Europe ;  which,  as  I  before 
•observed,  ought  totally  to  have  brcn  prevented,  and  such  migrations  have  been 
en  couraged  only  to  the  beneficial  colonies. 

"  Since  the  late  war,  Britain  laid  the  trade  of  the  colonies  under  some  very- 
strict  regulations,  which  certainly  cut  off  many  inlets  by  which  they  formerly 
received  much  Spanish  and  Portuguese  coin.  The  principle  upon  which  such  re- 
gulations were  formed,  of  securing  to  the  mother  country  alone  all  matters  cf 
commerce^  I  have  already  attempted  to  prove  just  and  necessary. 

"  When  once  their  supernumeraries  are  become  manufacturers,  it  will  re- 
quire more  than  British  policy  to  convert  them  into  planters. 

"*l  I  must  think  this  point  of  such  great  importance,  as  to  extend  probably 

to   the  annihilation  of  manufactures  in  our  colonies To  conclude,  it  is  in  the 

proposed  settlement  on  the  Ohio  we  must  first  look  for  hemp  and  flax ;  as  such 
great  numbers  of  the  old  American  farmers  have  removed  and  settled  there,  which 
may,  in  those  fertile  tracts,  be  cultivated  in  such  abundance,  as  to  enable  us  to 
undcrsel  all  the  world,  as  well  as  supply  our  own  consumption.  It  is  on  those 
high,  dry,  and  healthy  lands  that  vineyards  will  be  cultivated  to  the  best  ad- 
vantage, as  many  of  those  hills  contain  quarries  of  stone,  and.  not  in  the  un- 
healthy sea-coasts  of  our  present  colonies.  To  these  we  should  bring  the  set- 
tlers from  Europe,  or  at  least  suffer  none  to  go  north  of  New-York  ;  by  which 
means  our  numbers  would  increase  in  those  parts,  where  it  is  our  interest  they 
should  increase  ;  and  the  report  of  the  settlers  from  the  new  colony  on  the  Ohio, 
would  be  a  constant  drain  of  people  from  our  unprofitable  northern  ones,  by 
which  means  they  would,  in  future  times,  as  well  as  the  present,  be  prevented 
froM  extending  their  manufactures. 

"  What  I  shall  therefore  venture  to  propose,  is,  that  the  government,  through 
the  means  of  a  fcrv  merchants  acquainted  with  the  American  trade,  that  can  be 


grants  made  by  the  crown   at  periods,  when  the 
power  of  making  them  w~as  universally  aeknow- 


tolerably  depended  upon,  should  establish  factors  at  Boston,  Philadelphia,  Neiv- 
Turk,  and  a  few  other  ports,  for  the  sale  of  such  cargoes  of  British  manufactures 
as  should  be  consigned  to  them  ;  and  to  consist  of  such  particularly  as  tvsre  most 
manufactured  in  the  province,  with  directions  immediately  and  continually  to  tin- 
dcrsel  all  such  colony  manufactures.  By  this  means  the  operation  of  the  sue- 
t-ceding measures,  from,  the  number  of  hands  rendered  idle,  would  be  so  much 
the  easier  to  be  executed. 

"  The  ships  which  carried  out  such  cargoes  should  be  large  bulky  ones,  of 
eight,  nine  hundred,  and  one  thousand  tuns  burden,  for  the  sake  of  bringing 
large  quantities  of  deals,  &c.  back,  at  a  lefs  proportionate  expence  ;  and  pre- 
vious to  their  arrival  in  America,  cargoes  of  these  should  be  ready  for  them. 
The  colonists  should  be  engaged  to  work  their  iron  mines,  and  get  the  pro- 
duct ready  in  bars,  &c.  and  vast  quantities  of  deals  and  squared  timber  ready 
for  loading  the  ships :  all  which,  on  the  certain  and  immediate  prospect  of  a 
sale,  would  easily  be  effected  ;  as  it  is  well  known  they  have  more  than  once 
proved  to  the  legislature,  that  they  could  supply  all  Europe  with  these  articles, 
had  they  but  the  demand. 

"  But  I  laid  it  down  as  a  rule  to  proceed  upon,  that  trade, filling,  and  manu- 
facturing, were  put  an  entire  stop  to  among  the  colonies. 

"  If  the  sugar  islands  contained  ten  millions  of  people,  as  a^titute  of  necessa- 
ries as  they  are  at  present,  Britain  would  be  as  sure  of  their  allegiance  as  ske 
is  at  present — provided  no  power  more  formidable,  than  herself  at  sea  arose  for 
their  protection. 

"  The  first  dependence  of  our  colonies,  as  well  as  all  their  people,  is,  to 
change  the  terms  a  little,  upon  corn  worked  into  bread,  and  iron  wrought 
into  implements  ;  or,  in  other  words,  it  is  upon  necessary  agriculture  and  neces- 
sary manufactures ;  for  a  people  who  do  not  possess  these,  to  think  of  throwing 
off  the  yoke  of  another  who  supplies  them  ivith  them,  is  an  absurd  idea.  This  is 
precisely  the  case  with  our  sugar  islands.  Let  us  suppose  the  continental  colo- 
nies to  be  as  happy  in  the  necessary  agriculture  as  they  really  arc,  but  to  be  abso- 
lutely without  man:>fact:ires,  could  they  throw  off  their  allegiance  to  Britain,  nc 


ledged  by  the  parent  state,  a  power  since  frequently 
recognized  by  her, subject  to  the  controul  of 


their  numbers  what  they  would  ?  No,  certainly ;  for  that  is  nothing  more 
than  supposing  they  should  throw  off  their  allegiance  to  hoes  and  spades,  and 
coats  and  shoes,  which  is  absurd  to  imagine  :  can  any  one  imagine  that  a  rebel- 
lion can  be  carried  on  among  a  people,  when  the  greatest  success  mud  be  at- 
tended with  the  loss  of  half  the  necessaries  of  life  ! 

"  The  following,  among  other  effects  relative  to  this  point,  would  be  the 
consequences  of  the  flan  sketched  out  in  the  preceding  section. 

"  The  people  would  depend  on  Britain  for  those  necessaries  of  life  which  re- 
Jult  from  manufactures. 

"  The  cultivation  of  staples  would  be  more  profitable  to  them  than  any 
other  employment  whatever. 

"  The  sale  of  those  staples  would  depend  on  Britain. 

"  The  people  would  all  be  spread  over  an  immense  country  as  planters  ;— 
none  of  them  collected  in  towns.  c 

"  To  which  circumstances  I  shall  add,  in  respect  to  Britain 's  further  po- 
licy. 

"  That  she  should  abide  by  the  boundaries  fixed  already  to  the  old  colonies, 
that  of  the  rivers  heads ;  and  all  further  settling  to  be  in  ne-w  colonies,  where- 
ver they  were  traced. 

"  That  she  should  keep  the  inland  navigation  of  the  continent,  that  is,  of  all 
the  great  lakes  and  navigable  rivers,  to  herself,  and  not  suffer  any  sets  of  men 


c  "  This  point,  which  is  of  infinite  importance,  would  pretty  fully  be  occasi- 
oned by  other  parts  of  the  plan.  But,  to  ensure  so  great  a  point,  no  new  towns 
should  be  suffered,  nor  even  villages ;  than  which  nothing  cculd  be  easier  to 
manage  :  nor  would  they  be  any  where  necessary, but  by  the  magazines  of  na- 
val stores  for  loading  ships.  All  possible  decrease  of  numbers  in  the  cities  al- 
ready inbeir.g,  should  be  effected. So  systematically  absurd  is  it  to  found 

towns  and  cities,  as  Britain  has  hitherto  constantly  done,  in  all  the  colonies  she 
has  formed." 


the  crown,  as  by  law  established,  is  vested  the  ex- 
clusive right  of  internal  legislation. 


to  navigate  them,  and  thereby  communicate  from  one  part  of  the  continent  to 
another. 

"  That  she  should  never  suffer  any  provincial  troops  or  militia  to  be  raised, 
but  reserve  entirely  to  herself  the  defence  of  the  frontiers,  d 

"  That  she  should  throw  whatever  obstacles  she  could,  upon  all  plans  of 
communication  from  colony  to  colony,  or  conveniencies  of  speedy  removals  from 
place  to  place.6 

"  That  in  proportion  as  any  colony  declined  in  staples,  and  threatened  not 
to  be  able  to  produce  a  sufficiency  of  them,  the  inhabitants  should  receive 
such  encouragement  to  leave  it,  as  more  than  to  drain  its  natural  increase,  un- 
less new  staples  were  discovered  for  it. 

"  This  is  noiv  the  case  with  those  I  have  distinguished  by  the  title  of  the 
northern  colonies  ;  insomuch  that  Nova-Scotia,  Canada,  Neiv-England,  Nciv- 
Tork,  Netv-Jeney,  and  Pennsylvania,  would  be  nearly  of  as  much  benefit  to  this 
country  BURIED  IN  THE  OCEAN,  as  they  are  at  present." 

Political  Essay*,  published  in  Louden,  under  ministerial  patronage. 

The  conduct  of  administration  corresponds  exactly  with  the  sentiments  of 
this  modern  writer,  and  with  the  measures  pursued  by  Plilip  the  second  of 
Spain  against  the  LOIV  Countries.  The  reasons  given  by  one  in  administration  for 
attacking  the  colonies,  feem  to  be  copied  ;  with  some  small  alterations  on  ac- 
count of  religion ,  from  the  famous  advice  of  the  unfeeling  d  .ke  of  Aha,  that 
"  specie  retinendas  dignitatis,"  cost  his  master,  his  glory,  his  happiness,  and  hii 
provinces — and  sunk  his  country  into  distresses,  from  which  she  is  not  yet  re- 


" Specie  tuendi  finium,  jugum  liberis  provinciis  meditatur." 

STRADA,  lib.  2. 


e  Thus  Rome  divided  Maccdon  into  several  departments,  and  forbade  their 
intercourse  with  one  another ;  that  is,  not  only  with  thc'ir  o^vn  countrymen, 
but  even  with  their  iclations  and  friends,  residing  in  a  different  department. 


SUCH  a  right  vested  in  parliament,  would  place  us 
exactly  in  the  same  situation,  the  people  of  Great- 


covered.  "  At  vero  dux  Albanas  ARMA  &  ULTIONEM,  contemleb.it,  us-.'cum 
Izesx  auctoritati  principis  remedium.  Quippe  ceteris  artibus  ac  diuturna  faci- 
litate nihil  aliud  efFeccum,  quam  ut  regi  cbedientia,  rebellious  timor  adimere- 
tur.  Postulasse  frlnclpio  Belgas,  ut  Hispanus  e  provlncia  miles  exced-;ret  -.  id 
scilicet  unum  deesse  constantes  ad  quictem  populorum.  Num  propterea,  Imps- 
trata  externorum  miss'ione  quievisse  ?  An  potius  &  confidentius  efflagitasse,  ut  — 
clavo  deturbaretur  GRANVELLANUS.  At  uniu*  forte  naufragio  complacatos 
fuisse  ventos. — Quin  immout  liccntia  crcscit  facilius — homines  a  nostra  facilita- 
te securi — llbdlh  deridiculis  •>  faglgiosis  conipirationibus — improbis  palam  carmini- 
bus — minis — precibus  armatls — extorcerent  quod  averent — obstinatis  invrrec^nJ.*: 
legationibus  Hispaniam  FATIGARENT — Hie  quoque  visum  clementiae  princi- 
pis aliqua  indigna  posccntibus  indulgere.  Enim  vero  quid  ex  ilia  indulgentia 
relatura,  nisi  ut  votorum  ubique  compotes,  non  parendo ;  subditos  sese  oblivis^ 
cerentur,  obseqium  dediscerent,  atque  exuta  principis  reverentia,  communicata 
provinciarum  defectione,  tanquam  culpas  societate  tutiores,  humana  omnia  con- 
trectats  semel  libertati  post  haberent.  Nunc  vero  non  unlus  dvitatis,  sed  fro- 
vlndarum  consensu  peccatum  esse  in  regem.  Nee  quia  rebelles  in  presentia 
conquiescant,  minus  ferociae  animis  inesse,  resumpturos  atique  vires,  ubi  melunt 
vltionis  abjecerint.  Sic  ille  PRONUS  AD  ASPERIORA,  disserebat." 

STRADA  de  bello  Sefguot\&.  6. 

It  is  evident  that  the  Brlilsl  ministers  have  diligently  studied  StraJj.  and 
the  other  authors  who  have  transmitted  to  posterity  the  pleasing  and  instruc- 
tive annals  of  Philippic  policy,  as  every  measure  they  have  taken,  is  founded  on 
a  precedent  fet  by  that  celebrated  school  of  humanity. 

Aha  is  the  favourite  master — on  his  conduct  they  keep  their  eyes  steadily 
and  reverently  fixed,  and  it  may  truly  be  said — they  follow  him  with  no  une- 
qual steps.  Great,  good,  and  wise  men  !  whom  fome  future  Puffendorf  or  Tem- 
ple will  duly  celebrate. 

"  In  1564,  GRANVILLE  was  removed  from  the  council,  to  appease  the  peo- 
ple. Their  joy  was  short  lived  ;  for  as  the  same  measures  were  pursued,  it 
soon  began  to  be  said  publicly,  that  though  his  body  was  removed  from,  bis  spirit 


Britain  would  have  been  reduced  to,  had  James 
the  first  and  his  family  succeeded  in  their  scheme 

still  influenced  the  council.  Upon  application  for  a  relaxation  of  the  edicts,  it 
was  said,  that  moderation  bud  only  made  mutters  ivorse,  and  the  observation  of  them 
\vas  again  enjoined  upon  more  severe  penalties  than  before. 

"  At  length  an  ASSOCIATION  was  entered  into,  for  mutually  defending 
each  other.  This  being  signed  by  above  400  persons  of  quality,  who  all  pro- 
tested, that  they  meant  nothing  but  the  honor  of  God,  the  glory  of  the  king, 
and  the  good  of  their  country,  they  met  and  PETITIONED,  that  the  proclamation, 
might  be  revoked:  but  die  king  would  consent  to  no  mitigation.  Good  advice 
was  given  to  him.  But  the  duke  VAlva't  violent  counsel,  ivho  proposed  tie 
entire  abolishment  of  tie  liberties  of  tie  provinces*  was  most  pleasing,  and  followed. 
The  cruel  duke  was  sent  into  the  Low  Countries  with  a  powerful  army.  The 
counts  D'Egmont  and  Horn,  were  immediately  seized,  on  a  pretence  that  they 
had  underhand,  spirited  up  the  people's  disajftctisn.  They  were  afterwards  exe- 
cuted. All  who  had  signed  the  association  or  petition  were  declared  guilty  of  S 
HIGH  TREASON,  and  ans'.verable  for  what  had  happened.  A  council,  called; 
from  its  cruel  proceedings,  h  THE  COUNCIL  OF  BLOOD,  was  erected  for 
trying  the  accused,  from  ivhich  there  ivas  no  appeal.  (NoTE  WELL)  Alva  himself 
tried  the  accused  in  their  otvn  country •,  where  their  friends  and  -witnesses  might  at- 
tend them, where  the  pains  of  death  itself  might  be  mitigated,  by  seeing 

with  their  dying  eyes,  that  they  expired  beloved  and  lamented.  Here  the  dis 
ciples  exceed  their  tutor.  This  is  too  great  a  consolation  to  be  indulged  to  a 

colonist.     He  must  be  carried  3000  miles  across  the  ocean that  he  may 

not  only  die,  but  be  insulted  in  his  last  moments,  with  the  mockery  of  a  trial, 
where  the  clearest  innocence  stands  no  chance  of  acquital,  and  with  the  for- 
mality of  a  sentence  founded  on  a  statute  past  before  the  colonies  existed.  On 
the  approach  of  the  army,  the  prince  of  Orange  and  other  lords  fled;  and  being 
summoned  to  appear  before  the  council,  in  default  thereof  were  condemned. 


f  "  LAY  THT.M  AT  MY  FEET."  Lord  North's  speech. 
S  See.  Gen.  Gage's  proclamation. 

h  Resolutions  in  parliament  for  trying   coloniots    in   England.  Rhode  Island 
Court.   Late  acts  for  Massachusetts-Bay. 


of  arbitrary  power.  Changing  the  word  Stuarts 
for  parliament,  and  Britons  for  Americans,  the 

and  their  estates  confiscated.  Aha  treated  all,  the  innocent  and  guilty  with  such 
rigor,  that  it  gave  rise  to  the  following  saying  of  a  Spanish  officer — "  Harcttci 
fraxerunt  templa  ;  boni  nihil  faxerunt  contra  :  ERGO  omnes  debent  patibttlari" 

Pujfendorf's  introduction Art.  "  Spain"  and  "  the  United  Provinces." 

Sir  William  Temple's  account  of  the  disturbances  in  the  Lotu  Countries  agrees 
exactly  with  the  foregoing  extracted  out  of  Pujfendorf,  hy  which  it  will  appear 
with  what  a  surprizing  exactness  of  resemblance  the  affairs  of  the  colonies 
have  been  carried  on  by  administration. 

"  The  war  with  France  being  concluded,  it  was  resolved  to  keep  up  the 
troops  in  these  provinces,  and  that  the  states  should  support  them,  which  by  a 
long  course  of  Avar  was  grown  customary."  When  Philip  would  have  put 
Spanish  garrisons  into  some  of  their  towns  ;  and  for  the  sake  of  their  admitting 
them  quietly,  gave  the  command  to  the  Prince  of  Orange  and  Count  Egmont  : 
they  told  him  plainly,  "  that  all  the  brave  stands  they  had  made  against  the 
power  of  France,  availed  them  but  little,  if  they  must  at  last  be  enslaved  by 
another  foreign  power."  Puff.  "  The  hatred  of  the  people,  the  insolence  of  the 
troops,  with  the  charge  of  their  support,  made  them  looked  upon  by  the  in- 
habitants in  general,  as  the  inttrunttnis  oftbfir  oppression  and  slavery,  and  not  of  their 
defence,  ivhen  a  general  peace  had  left  them  no  enemies  :  and  therefore  the  States  be- 
gan here  their  complaints,  with  a  general  consent  and  passion  of  all  the  nobles, 
as  well  as  towns  and  country.  And  upon  the  delays  diat  were  contrived  or 
fell  in,  the  states  first  refused  to  raise  any  more  monies  either  for  the  Spaniards 
pay,  or  their  own  standing  troops  :  and  the  people  ran  into  so  great  despair, 
that  in  Zealand  they  absolutely  gave  over  the  working  at 'their  dykes,  suffering 
the  sea  to  gain  every  tide  upon  tie  country,  and  resolving,  as  they  said,  rather  to  be 
devoured  by  that  element,  than  by  the  Spanish  soldiers  ;  so  that  at  last  the  king 
consented  to  their  removal.  Another  grievance  was  the  appointment  of  neitt 
judges,  i  and  those  absolutely  depending  on  the  king,  &c." 


i  Admiralty  courts.  Rhode-Islam,  court  for  enforcing  the  statute  of  35 
Hen.  8.  Act  for  regulating  the  government  of  Massachutetts-Bay.  Act  for  admi- 
nistration of  justice,  &c. 


arguments  of  the  illustrious  patriots  of  those  times, 
to  whose  virtues  their  descenclents  owe  every  bless- 


"  GRANVILLE,  strained  up  to  the  highest  his  master's  authority  and  the  ex- 
ecution of  his  commands,  while   the  provinces  were  resolute  to  protect  the  li- 
berties of  their  country,  against  the  admission  of  this  new  and  arbitrary  judica- 
ture, unknown  to  all  ancient  laws  and  customs  of  their  country.     The  king  at  last  con- 
sented to  GRAXVILLK'S  recess.  Then  all  noise  of  discontent  and  tumult  was  appeas- 
ed.    But  quickly  after  the  same  counsels  were  resumed.     The  disturbances  then 
grew  j/m/ter  than  before.     But  by  the  prudence  and  moderation  of  the  dutchess 
of  Parma,  the  governess,  the  whole  estate  of  the  provinces  was  restored  to  its 
former  peace.     This  dutchess,  and  the  duke  of  Fcria,  one  of  the  chief  ministers 
in  Spain,  thought  and  advised,  that  the  THEN  PRESENT  PEACE  OF  THE  PRO- 
VINCES OUGHT  NOT  TO  BE  INVADED  BY  NEW  oqcAsioNs,  nor  the  royal  au- 
thority lessened,  by  the  king  being  made  a  party  in  a  war  upon  his  subjects. — • 
But  the  king  was  immoveable  ;  he  dispatched  Alva  into  the  low  country  at  the 
head  of  ten  thousand  veteran  Spanish  and  Italian  troops,  under  the  command  of 
the  best  officers,  which  the  wars  of  Charles  the  fifth,  or  Philip  the  second  had  bred 
up  in  Europe ;  which,  with  two  thousand  more  in  the  provinces,  under  the  com- 
mand of  so  old  and  renowned  a  general  as  the  duke  of  Aha,  made  up  a  force, 
which  nothing  in  the  low  countries  could  look  in  the  face  with  other  eyes,  than 
of  astonishment,  submission  or  despair.     This  power  was  for  the  assistance  rf 
the  governess,  the   execution  of  the  laws,  the  suppressing  and.  punishing  all  who  had 
been  authors  or  fotaentors  of  the  late  disturbances.  k     On  his  arrival  the  governess 
having  obtained  leave  of  the  king,  retired  out  of  the  province.     The  duke  of 
Alvj.  was  invested  in  the    government,  ivitb  powers  iiever  before  given   to  any  go- 
vernor.    A   council,  called  the  council  of  blood,  1  was  erected  for  the  trial  of  all 
crimes  committed  against  the  kings  authority.      The  towns  stomached  the  breach 
of  their  charters,  the  people  of  their  liberties,  the  knights  of  the  golden  fleece  the 
ebarter  -jf  their  order,    by  these  new  and  odious  courts  of  judicature  ;   all    complain  of 
the  disuse  of  tie  staffs,  m  of  the  introduction  of  armies,  but  all  in  vain.      The    king 


k  See  speeches  in  parliament,  and  preambles  to  the  late  acts. 
1  See  note  in  page  367. 

m  Frequent  dissolutions  of  assemblies — and  their  total  uselessness,  if  parlia- 
ment taxes  us. 

VOL.   i.  2  Y 


(      37°      ) 

ing  they  now  enjoy,  apply  with  inexpressible  force 
and  appositeness,  in  maintenance  of  our  cause,  and 


was  constant  to  what  he  had  determined.  Aha  was  in  his  nature  cruel 
and  inexorable.  The  new  army  was  fierce  and  brave,  and  desirous  of  no- 
thing so  much  as  a  rebellion  in  the  country.  The  people  were  enraged, 

but   awed   and   unheaded.      All  was  seizure  and  process; confiscation  and 

Imprisonment;'— — Hood  and    horror; insolence  and  dejection; punishments 

executed,  and  meditated  revenge.  The  smaller  branches  were  lopt  off  a 
pace ;  the  great  ones  were  longer  a  hewing  down.  Counts  Egmont  and  Horn 
lasted  several  months  ;  but  at  length,  in  spite  of  all  their  services  to  Charles 
the  fifth,  and  to  Philip,  as  well  as  of  their  new  merits  in  quieting  of  the  pro- 
vinces, and  of  so  great  supplications  and  intercessions  as  were  made  in  their  fa- 
vour, both  in  Spain  and  Flanders,  they  were  publicly  beheaded  at  Brussels ,  which 
*cemed  to  break  all  patience  in  the  people  ;  and  by  their  end  to  give  those 
commotions  a  beginning,  which  cost  Europe  so  much  blood,  and  Spain  a  great 
part  of  the  low  country  provinces.  The  war  begun,  Alva  had  atjirst  great 
*ucces3.  Moved  with  no  rumors,  terrified  with  no  threats  from  a  Irolsn  and 
unarmed  people,  and  thinking  no  measures  or  forms  were  any  more  necessary  to 
be  observed  in  the  provinces ;  he  pretends  greater  sums  are  necessary  for  the/./y 
and  retoard  of  his  victorious  troops  then  were  annually  granted  upon  the  ling's  re- 
quest by  the  states  of  the  provinces  :  f  JVbfc,  Here  our  ministers  have  again  improv- 
ed upon  Philip*s\  for  they  have  taxed  us,  without  making  requests.)  n  And 
therefore  demands  a  general  tax  of  the  hundredth  part  of  every  man's  estate, 
to  be  raised  at  once:  and  for  thefuture,  the  twentieth  of  allimmovable,  and  the 
eighteenth  of  all  that  was  sold.  The  states  with  much  reluctancy  consent  to  the 
first,  as  a  thing  that  ended  at  once.  They  petition  the  king,  but  without  redress  / 
draw  out  the  year  in  contests,  sometimes  stomachful,  sometimes  humble  with 
the  governor  :  till  the  duke,  impatient  of  delay,  cause*  the  edict,  "without  consent 

n  Another  advantage  the  British  ministers  have  over  the  Spanish  in  depth 
of  policy,  is  very  remarkable.  Spain  was  a  great  empire.  The  Low  Countries 
a  mere  speck,  compared  with  it.  Spain  was  not  a  maritime  state  that  depend- 
ed upon  them  for  the  supply  of  her  revenue.  Had  they  been  sunk  in  the  sea, 
she  would  scarcely  have  felt  the  loss.  Her  prospect  of  success  was  almost  cer- 
tain. France,  her  then  inveterate  enemy,  exhausted  by  a  civil  war,  and  divided 
into  two  powerful  parties.  Every  circumstance  is  directly  the  reverse  to  Great- 
Britain  in  her  present  contest  with  the  colonies.  "  Siquidem  verissimum  est, 
igncm  tectis  injicere,  et  injecto  spatium  tnodumque.  Statuere,  non  esse  in  ejus- 
tiein  manu.'  STRADA,  lib.  7. 


in  refutation  of  the  pretensions  set  up  by  their  too 
forgetful  posterity,  over  their  unhappy  colonists. — 
Confiding  in  the  undeniable  truth  of  this  single  po- 


tfthc  states,  to  be  published.  The  people  refused  to  pay  ;  the  soldiers  begin  to  levy 
by  force  ;  the  townsmen  all  shut  up  their  shops  ;  the  people  in  the  country  forbear  the 
market ;  so  as  not  so  much  as  bread  aad  meat  is  to  be  bought  in  the  town.  The 
duke  is  enraged ;  calls  the  soldiers  to  arms ;  and  commands  several  of  the  inhabi- 
tants ivho  refused  the  payments •,  to  be  hanged  that  very  night  upon  their  sign  posts  ; 
which  moves  not  the  obstinacy  of  the  people.  And  noiv  the  officers  and  the  guards 
are  ready  to  begin  the  executions,  when  news  comes  to  town  of  the  taking  of  the 
Briel,  by  the  Gueses,  °  and  of  the  expectation  that  had  given  of  a  sudden  revolt 
in  the  province  of  Holland. 

"  This  unexpected  blow  struck  the  duke  of  Alva,  and  foreseeing  the  conse- 
quences of  it,  because  he  knew  the  stubble  was  dry,  and  now  he  found  the  fire 
was  fallen  in,  he  thought  it  an  ill  time  to  make  an  end  of  the  tragedy  in  Bra- 
bant, whilst  a  new  scene  was  opened  in  Holland ;  and  so  giving  over  for  the 
present  his  taxes  and  executions,  applies  his  thoughts  to  the  suppression  of  this 
new  enemy  that  broke  in  upon  him  from  the  sea.  And  no<w  began  that  great 
commotion  in  the  Loiv  Countries,  which  never  dvwWbut  in  the  loss  of  those  pro- 
vinces, when  the  death  of  the  royal  government  gave  life  to  a  new  common- 
wealth." 

Observations  upon  the  UNITED  PROVINCES  of  the  Netherlands  by  sir  Wil- 
liam Temple* 

Philip  and  his  junto  of  cabinet  ministers  thought  themselves  no  doubt  very 
wise,  and  politic  as  so  many  Macliiavcls.  But  what  says,  and  will  say  man- 
kind as  long  as  the  memory  of  those  events  is  preserved  ?  That  their  counsels 
were  despicable,  their  motives  detestable,  and  their  minds  like  those  described 
by  the  bifhop  of  Lerida,  that  exactly  resembled  the  horns  of  the  cows  in  bib 
country — little^  "  hard  and  crooked." 


0  Beggars — they  were  called  so  in  contempt,  when  \\iey  petitioned.    The  peo- 
ple thereupon  assumed  that  name,  perhaps  to  keep  up  the  memory  of  an  inmh 

tc  cas  toned  by  their  loyalty. 


(      372       ) 

s'tion,  that,  "  to  live  by  one  man's  f  will,  Became 
the  cause  of  all  men's  misery,"  they  generously 
suffered. And  the  worthy  bishop  before  men- 


•j-  Hooker.    "  For  a  man  to  be  tenant  at  ivlll  of  his  liberty,  I  can  never  agree 
to  it.     It  is  a  tenure,  not  to  be  found  in  all  Littleton." 

Speech  of  sir  Edivard  Coke. 

"  Eliam  si  domlnut  non  sit  molfstitf)tcimen  mlscrrlmum  est,  posse  si  vclit." 

CICERO. 


-"  The  free, 


Know  no getitle  tyranny."  ROWE. 

The  whole  country  of  the  seven  United  Provinces  is  not  as  large  as  one  half 
of  Pennsylvania  :  and  when  they  began  their  contest  with  Philip  the  second  for 
their  liberty,  contained  about  as  many  inhabitants  as  are  now  in  the  province 
of  Massachusetts-Bay.  Philip's  empire  then  comprehended  in  Europe,  all  Spain 
and  Portugal,  the  two  Sicilies,  and  such  provinces  of  the  Low  Countries  as  adher- 
ed to  him — many  islands  of  importance  in  the  Mediterranean — the  Milanese 
and  many  other  very  valuable  territories  in  Italy  and  elsewhere.  In  Africa  and 
Asia,  all  the  dominions  belonging  to  S/j/w'and  Portugal — ia  America  the  im- 
mense countries  subject  to  those  two  kingdoms,  with  all  their  treasures  and 
yet  unexhausted  mines,  and  the  Spanish  Wai-Indies.  His  armies  were  numerous 
and  veteran,  excellently  officered,  and  commanded  by  the  most  renowned  ge- 
nerals. So  great  was  their  force,  that  during  the  wars  in  the  Loiu  Countries, 
his  commander  in  chief  the  prince  of  Parma,  marched  twice  into  France,  and 
obliged  that  great  general  and  glorious  king  Henry  the  fourtii,  to  raise  at  one 
time  the  fiege  of  Paris,  and  at  another,  that  of  Roan.  So  considerable  was  the 
naval  power  of  Philip,  that  in  the  midst  of  the  same  wars,  he  fitted  out  his 
dreadful  armada  to  invade  England.  Yet  seven  little  provinces,  or  counties,  as 
we  should  call  them,  inspired  by  one  generous  resolution "  to  die  free,  ra- 
ther than  to  live  slaves,"  not  only  baffled,  but  brought  down  into  the  dust,  that 
erormous  power,  that  had  contended  for  universal  empire,  and  for  half  a  cen- 
tury, was  the  terror  of  the  world.  Such  an  amazing  change  indeed  took  place, 
that  those  provinces  afterwards  actually  protected  Spain  against  the  power  of 
France. 


(      373     ) 

tinned,  who,  for  strenuously  asserting  the  princi- 
ples of  the  revolution,  received  the  unusual  honour 
of  being  recommended  by  a  HOUSE  OF  COMMONS 
to  the  sovereign  for  preferment,  has  justly  observ- 
ed, that  misery  is  the  same,  whether  it  comes  from 
the  hands  of  MANY  or  of  ONE. 

tc  IT  could  not  appear  tolerable  to  him  (meaning 
inr.  Hooker,  author  of  the  ecclesiastical  policy)  to 
lodge  in  the  governors  of  any  society  an  unlimited 
authority,  to  annul  and  alter  the  constitution  of  the 
government,  as  they  should  see  fit,  and  to  leave  to 
the  governed,  the  privilege  only  of  ABSOLUTE  SUB- 
JECTION in  all  such  alterations;*  or  to  use  the 
parliamentary  phrase,  "  in  all  cases  whatsoever." 

FROM  what  source  Can  Great-Britain  derive  a 
single  reason  to  support  her  claim  to  such  an  enor- 
mous power  ?  That  it  is  consistent  with  the  laws 
of  nature,  no  reasonable  man  will  pretend.  That 
it  contradicts  the  precepts  of  Christianity,  is  evi- 
dent. For  she  strives  to  force  upon  us,  terms  which 
she  would  judge  to  be  intolerably  severe  and  cruel, 
if  imposed  on  herself.  "  Virtual  representation" 
is  too  ridiculous  to  be  regarded.  The  necessity  of 
a  supreme  sovereign  legislature  internally  superin- 
tending the  whole  empire,  is  a  notion  equally  unjust 

f  Ho  AD  LEY'S  disc,  en  gcvcniir.cnt. 


(     374      ) 

and  dangerous.  "  The  pretence  (says  mr.  justice 
Blackstone,  speaking  of  James  the  first's  reign)  for 
which  arbitrary  measures,  was  no  other  than  the 

TYRANTS  PLEA  Of  the  NECESSITY    OF    UNLIMITED 

POWERS,  in  works  of  evident  utility  tothef  public, 
the  supreme  reason  above  all  reasons,  which  is  the 
salvation  of  the  king's  lands  and  people."  This 
was  not  the  doctrine  of  James  only.  His  son  un- 
happily inherited  it  from  him.  On  this  flimsey 
foundation  was  built  the  claim  of  ship-money,  &c. 
Nor  were  there  wanting  men,  who  could  argue,  from 
the  courtly  text,  that  parliaments  were  too  stupid  or 


f  With  such  smooth  words  may  the  most  dreadful  designs  be  glossed  over. 

•"  There  are  some  men  who  call  evil,  good,  and  bitter,  sweet. Justice,  i* 

now  called  popularity  and  faction"  Purl.  hist.   8.   193. 

"  A  man  shall  not  unprofitably  spend  his  contemplation,  that  upon  this  occa- 
sion considers  the  method  of  GOD'S  justice  (a  method  terribly  remarkable  in 
many  passages,  and  upon  many  persons,  which  we  shall  be  compelled  to  remem- 
ber in  this  discourse,)  that  the  same  principles,  and  the  same  application  of  those 
principles  should  be  used  to  the  wresting  all  sovereign  power  from  the  crown, 
which  the  crown  had  a  little  before  made  use  of  for  the  extending  its  authori- 
ty and  power,  beyond  it's  bounds,  to  the  prejudice  of  the  just  rights  of  the  subject ,  A 
SUPPOSED  NECESSITY  was  then  thought  ground  enough  to  create  a  power,  and 
a  bare  averment  of  that  necessity  to  beget  a  practice  to  impose  -what  tax  they  thought 
convenient  upon  the  subject,  by  writs  of  ship-money  never  before  known,  and  a 
supposed  necessity  now,  and  a  bare  averment  of  that  necessity,  is  as  confidently, 
and  more  fatally,  concluded  a  good  ground  to  exclude  the  crown  from  the  use 
of  any  power,  by  an  ordinance  never  before  heard  of,  and  the  same  maxim  of 
"  salus  populi  suprema  lex,"  which  had  been  used  to  the  infringing  the  liberty 
of  the  one,  made  use  of  for  destroying  the  rights  of  the  other." 

Lord  Clar-etiddjfs  hist.  book.  5>  p^JC.   54. 


(      375     ) 

too  factious  to  grant  money  to  the  crown,  when  it 
was  their  interest  and  their  duty  to  do  so.  This 
argument  however,  was  fully  refuted,  and  slept 
above  a  century  in  proper  contempt,  till  the  poste- 
rity of  those,  who  had  overthrown  it,  thought  fit  to 
revive  the  exploded  absurdity.  Trifling  as  the  pre- 
tence was,  yet  it  might  much  more  properly  be 
urged  in  favour  of  a  single  person,  than  of  a  multi- 
tude. The  counsels  of  a  monarch  may  be  more  se- 
cret. His  measures  more  quick.  In  passing  an 
act  of  parliament  for  all  the  colonies,  as  many  men 
are  consulted,  if  not  more,  than  need  be  consulted, 
in  obtaining  the  assent  of  every  legislature  on  the 
continent.  If  it  is  a  good  argument  for  parliament, 
it  is  a  better  against  them.  It  therefore  proves 
nothing  but  its  own  futility.  The  supposed  advan- 
tages of  such  a  power,  could  never  be  attained  but 
by  the  destruction  off  real  benefits,  evinced  by  facts 
to  exist  without  it.  The  Swiss  Cantons,  and  the 
United  Provinces,  are  combinations  of  independent 
states.  The  voice  of  each  must  be  given.  The  in- 


j-  Thus  the  patriots  of  Charles's  days  argued "  It  is  not,  that  skip-money 

hath  been  levied  upon  us,  but  it  is,  that  thereby  ship-money  is  claimed,  which 
is  the  gift  and  EARNEST  PENNY  OF  ALL  WE  HAVE  :  it  is  not,  that  our  per- 
sons have  been  imprisoned,  for  the  payment  of  ship-money,  but  that  our  PER- 
SONS and  LIVES  are,  upon  the  same  ground  of  laiv  delivered  up  to  will  anJ plea- 
sure, ft  is,  that  our  BIRTH-RIGHT  is  destroyed,  and  that  there  hath  been  an 
endeavour  to  reduce  us  to  a  loiver  state  than  -villainage.  The  lord  might  tax  hi« 
•villain,  de  haut  et  dc  basse,  might  imprison  him,  but — his  LIFE  was  bis  awn ; 
THE  LAW  SECURED  HIM  THAT."  Lord  Clarendon, 


(      3/6      ) 

stance  of  these  colonies  may  be  added:  for  stating 
the  case,  that  no  act  of  internal  legislation  over  them 
had  ever  been  past  by  Great-Britain,  her  wisest 
statesmen  would  be  perplexed  to  shew,  that  she  or 
the  colonies  would  have  been  less  flourishing  tfran 
they  now  are.  What  benefits  such  a  power  may 
produce  hereafter,  time  will  discover.  But  the  colo- 
nies are  not  dependent  on  Great- Britain,  it  is  said, 
if  she  has  not  a  supreme  unlimited  legislature  over 
them.  "  I  would  ask  these  loyal  subjects  of  the  king 
(says  the  author  of  a  celebrated  invective  against 
us)  f  what  king  it  is,  they  profess  themselves  to 
be  loyal  subjects  of?  It  cannot  be  his  present  most 
gracious  majesty,  George  the  third,  king  of  Great- 
Britain,  for  his  title  is  founded  on  an  act  of  par- 
liament, and  they  will  not  surely  acknowledge  that 
parliament  can  give  them  a  king,  which  is  of  all 
others,  the  highest  act  of  sovereignty,  when  they 
deny  it  to  have  power  to  tax  or  bind  them  in  any 
other  case  ;  r.nd  I  do  not  recollect,  that  there  is  any 
act  of  assembly,  in  any  of  the  colonies  for  settling 
the  crown  upon  king  William^  or  the  illustrious 
house  of  Hanover  *."  "  Curious  reasoning  this." 


t  See  note  on  these  words "  Therefore  a  power  of  regulating  our  trade, 

involves  not  in  it  the  idea  of  a  supreme  legislature  over  us." 

*  "  The  controversy  between  Great- Britain  and  her  colonies  reviewed."  The 
learned  gentleman  who  wrote  this  piece,  has  thought  proper  to  quit  his  argu- 
ment, step  out  of  his  way,  personally  ahuse  and  severely  attack  the  writer  of 


(     377      ) 

f  It  is  to  be  wished  the  gentleman  had  "  re collect '* 
ed"  that  without  any  such    "  act  of  assembly,*' 
none  of  the  colonists  ever  rebelled.     What  act  of 
parliament  is  here  meant  ?     Sure;y  not  the  llth  of 


the  "  Farmer's  Letters."  His  principal  objections  are  the  following,  and  the 
answers  here  given  may  perhaps  be  sufficient  to  shew  with  what  force  his  ob- 
jections are  generally  urged,  1st.  He  says,  "  the  v.  riter  of  the  letters,  tell  us, 
that  the  drawbacks  which  are  allowed  on  some  articles  upon  their  exportation 
from  England,  amount  to  mere  money  than  all  the  duties  together  which  are 
laid  upon  them  on  their  arrival  in  the  colonies  will  produce.  I  believe  it  is  the 
first  time  that  the  colonies  of  any  state  have  complained  of  the  injustice  of  the 
mother  country  in  laying  taxes  upon  them,  which  were  not  sufficiently  heavy, 
nor  was  it  ever  before  discovered  that  the  proper  means  to  redress  the  grievan- 
ces of  any  people,  were  to  increase  their  taxes"  Page  l6.  Ansivcr.  The  truth  of 
the  assertion  in  the  letters  is  not  denied.  It  is  assumed,  by  the  author  of  the 
"  controversy,"  as  the  foundation  of  his  argument.  If  then,  parliament  would 
have  raised  more  money,  "  by  staffing  the  drawbacks,  than  by  laying  the  duties 
to  be  paid  in  the  colonies,"  ivby  were  they  laid  ?  From  respect  for  parliament 
it  must  be  supposed,  they  were  laid  for  some  purpose.  It  was  not  for  the  sake  of 
the  money.  For  what  then  ?  To  establish  a  PRECEDENT  for  taxing  the  colonies, 
says  the  writer  of  the  letters.  The  author  of  the  controversy  does  not  deny 
it  ;  but  enters  into  a  dissertation  upon  the  more  and  the  less,  which  is  not  the 
point  in  question,  icily.  The  writer  of  the  letters  says,  that  "  an  act  of  parlia- 
ment commanding  us  to  do  a  certain  thing,  if  it  has  any  validity,  is  a  tax  upon 
us,  for  the  expence  P  that  accrues  in  complying  wit!*  it."  In  reply  to  this,  the 
author  of"  the  controversy"  enumerates  many  instances  of  sovereignty  subject- 
ing tic  colonies  to  expcnce,  which  he  supposes  may  be  legally  exercised  WITUIN 


P  This  sentence  related  to  the  dissolution  of  the  assembly  of  New-Tori,  for 

rot  complying  with  the  act  of  parliament  for  supplying  the  troops.-1 Last 

session  of  parliament  an  act  was  passed  for  the  more  commodious  quartering  of  the 
troops  in  America.  It  is  not  yet  come  over  ;  but  deserves  the  attention  of  the 
colonists,  even  if  it  has  not  the  remarkable  features,  that  distinguish  the  produc- 
tions of  the  last  session. 

f  Idem,  page  17. 
VOL.     I.  2    Z 


(      378      ) 

Henry  the  seventh,  chapter  the  1st,  in  favour  of  a 

king  de  facto. Probably  the  12th  and  13th  of 

William  the  3d,  chapter  the  2d,   "  for  the  further 
limitation  of  the  crown,  See."  is  intended.   And,  is 


the  colonies  "  BY  ACT  OF  PARLIAMENT."  Pages  23,  24.  Amiver.  The  pro- 
.priety  of  this  supposition  is  denied,  and  remains  to  be  proved.  "  Absurdities 
and  contradictions"  are  plentifully  attributed  to  the  writer  of  the  letters,  be- 
cause he  will  not  acknowledge,  that  the  power  of  parliament  "  to  regulate 
trade,  and  preserve  the  connection  of  the  whole  empire  in  due  order,"  involve* 
in  it  a  power  to  "  tax  the  colonies,"  or  "  to  put  them  to  any  exfence"  parlia- 
ment shall  .please.  A  person  of  such  sagacity  as  the  author  of  the  controversy, 
might  plainly  huve  perceived,  if  his  resentment  had  not  prejudiced  his  candor, 
that  the  writer  of  the  letters,  was  unwilling  to  give  up  any  point,  which  he 
then  thought  essential  to  the  freedom  and  wdfore  of  his  country,  and  at  the  same 
time  was  q  unwilling  to  propose  any  new  subject  of  dispute.  Justly  has  the 


q  "  If  any  person  shall  imagine  that  he  discovers,  in  these  letters,  the  least 
dislike  of  the  dependence  of  these  colonies  on  Great-Britain,  I  beg  that  such  per- 
son will  not  form  any  judgment  on  particular  expressions,  but  will  consider  the 
tenor  of  all  the  letters  taken  together.  In  that  case,  I  flatter  myself,  that  every  un- 
prejudiced reader  will  be  convinced,  that  the  true  interests  of  Great-Britain  are 
as  dear  to  me,  as  they  ought  to  be  to  every  good  subject. 

"  If  T  am  an  enthusiast  in  any  thing,  it  is  in  my  zeal  for  the  perpetual  tl.- tenderer 
of  these  colonies  on  their  mother  country. — A  dependence  founded  on  mutual 
bcneftS)  the  continuance  of  which  can  be  secured  only  by  muiual  affections. 
Therefore  it  is,  that  with  extreme  appre  hension  I  view  the  smallest  seeds  of 
discontent,  which  are  unwarily  scattered  abroad.  Fifty  or  sixty  years  will  make 
astonishing  alterations  in  these  colonies;  and  this  consideration  should  render 
it  the  business  of  Great-Britain  more  and  more  to  cultivate  our  good  disposi- 
tions towards  her  :  but  the  misfortune  is,  that  those  great  men  who  arc 
wrestling  for  power  at  home,  think  themselves  very  slightly  interested  in  the 
prosperity  of  their  country  ffty  or  sixty  years  hence,  but  are  deeply  concerned 
in  blowing  up  a  popular  cl amour  for  supposed  immediate  advantages. 

"  For  my  part,  I  regard  Great-Britain  as  a  bulwark,  happily  fixed  between 
these  colonies  and  the  powerful  nations  of  Europe.  That  kingdom  remaining 
safe,  we,  under  its  protection,  enjoying  peace,  may  diffuse  the  blessings  of 
religion,  science,  and  liberty,  through  remote  wildernesses.  It  is  therefore  in- 
contestibly  our  July,  and  our  interest •,  to  support  the  strength  of  Great-Britain. 


it  imagined,  that  the  words  "  dominions  and  terri- 
tories thereunto  belonging"  in  that  statute,  form  his 
majesty's  title  to  the  sovereignty  of  these  colonies  ? 
The  omission  of  them  might  have  looked  odd ;  but 


author  of  the  controversy  observed that  "  it  would  be  endless  to  trace  this 

doctrine  of  taxes  through  all  the  consequences"  page.  23.  3dly.  The  writer  of  the 
letters  says,  "  we  are  as  much  dependent  on  Great-Britain^  as  a  perfectly  free 
people  can  beon  another."  On  this  the  author  of  the  controversy  kindly  observes, 
that  "  it  is  a  pity  the  learned  editor  (the  English  editor,  it  is  supposed)  has  not 
given  the  public  a  dissertation  on  that  most  ingenious  and  instructive  passage.'* 


When  confiding  in  that  strength,  she  begins  to  forget  from  whence  it  arose, 
it  will  be  an  easy  thing  to  shew  the  source.  She  may  readily  be  reminded  of 
the  loud  alarm  spread  among  her  merchants  and  tradesmen,  by  the  universal 
association  of  these  colonies,  at  the  time  of  the  stai/tf-act,  not  to  import  any  of 
her  manufactures* 

"  In  the  year  1718,  the  Russians  and  Swedes  entered  into  an  agreement,  not 
to  suffer  Great-Britain  to  export  any  naval  stores  from  their  dominions  but  in 
Russian  or  Swedish  ships,  and  at  their  own  prices.  Great-Britain  was  distressed. 
Pitch  and  tar  rose  to  three  pounds  a  barrel.  At  length  she  thought  of  getting 
these  articles  from  the  colonies ;  and  the  attempt  succeeding,  they  fell  down  to 
ffteen  shillings.  In  the  year  1756,  Great-Britain  was  threatened  with  an  invasion. 
An  easterly  wind  blowing  for  six  weeks,  she  could  not  man  her  fleet,  and  the 
whole  nation  was  thrown  into  the  utmost  consternation.  The  wind  changed. 
The  American  ships  arrived.  The  fleet  sailed  in  ten  or  fifteen  days.  There 
are  some  other  reflections  on  this  subject,  worthy  of  the  most  deliberate  atten- 
tion of  the  British  parliament ;  but  they  are  of  such  a  nature,  that  I  do  not 
choose  to  mention  them  publicly.  I  thought  it  my  duty,  in  the  year  1765, 
while  the  st.'.mp-act  was  in  suspcnce,  to  write  my  sentiments  to  a  gentleman  of 
great  iniiucnce  at  home,  who  afterwards  distinguished  himself,  by  espousing 
our  cause,  in  the  debates  concerning  the  repeal  of  that  act. 

FARMER'S  LETTERS,  xii- 

If  the  author  of  "  the  controversy"  had  seen  the  letter  above  referred  to, 
he  would  have  found,  that,  the  difference  between  the  PREROGATIVE  in  Great- 
Britain  and  in  America,  and  the  exercise  of  internal  legislation  by  parliament 
over  the  colonies,  with  some  other  points  therein  mentioned,  were  represented 
in  the  strongest  terms  the  writer  of  the  letters  could  use,  as  unjust,  and  cer- 
tainly tending  in  a  few  years  to  produce  the  deepest  discontents.  The  time  is 
at  length  come,  when  silence  in  America  on  these  subjects  would  be  stupid  or 
criminal. 


•what  force  is  added  by  their  insertion  ?  The  set- 
tlement of  the  crown  of  England,  includes  the  set- 
tlement of  the  sovereignty  of  the  colonies.  King 
William  is  mentioned and  will  the  gentleman 


page.  25.  Anstver.  American  understandings  discover  no  inconsistency  in  the  idea 
of"  a  state  being  dependent,  and  yet  perfectly  free,"  and  their  temper  is  so 
moderate  that  they  would  be  content  with  that  degree  of  freedom,  which  is 
compatible  with  a  dependence.  If  the  proposition  puzzles  British  understand- 
ings, it.  is  presumed  to  be,  because  Britons  will  not  give  themselves  the  trouble 
to  think  of  any  dependence,  but  of  such  as  is  destructive  of  all  freedom  ;  though 
they  themselves  are  dependent  in  some  measure  on  others,  ^ly.  The  writer  of 

the  letters  says "  if  money  be  raised  upon  us  by  others  without  our  consent 

for  our  defence,  those  who  are  the  judges  in  levying  it  must  also  be  the  judges 
in  applying  it.  [Or  CONSEQUENCE,  the  money,  said  to  be  taken  from  us  for  our 
defence,  may  be  employed  to  our  injury.  We  may  be  r  chained  in  by  a  line  of 

fortifications obliged  to  pay  for  the  building  and  maintaining  them  — and 

be  told  that  they  are  for  our  defence]  With  what  face  can  we  dispute  the 
fact  after  having  granted  that  those  who  apply  the  money,  had  a  right  to  levy 
it  ?  For  surely  it  is  much  easier  for  their  wisdom  to  understand  hew  to  apply 
it  in  the  best  manner,  than  how  to  levy  it  in  the  best  manner.  Besides  the 
right  of  levying  is  of  infinitely  more  consequence  than  that  of  applying.  The 
people  of  England,  who  weuld  burst  out  into  fury  if  the  crown  should  attempt 


r  The  probability  of  this  measure  taking  place,  i.s  confirmed  by  the  CANADA 
bill,  a  political  device  so  extraordinary,  as  to  excite  surprize  even  in  those  co- 
lonists who  live  in  the  year  1774.  By  this  bill,  it  is  said,  the  l?g'nlati«jc  power 
is  lodged  in  the  governor  and  a  few  men,  not  Jes-s  than  seventeen  nor  more 
than  twenty-three,  appointed  and  remove-able  by  the  crov-  n  ;  and  the  govern- 
ment becomes  wholly  military. ci'rials  ly  jury  are  aibolished,  though  multi- 
tudes of  Enfjhh  subjects  settled  there  on  the  inc'Hiragenient  given  by  the 
king's  proclamation  in  1763 Ihe  French  laws  are  res.crtd,  and  all  the  coun- 
try en  tht:  back  of  these  colonies  is  added  to  Canada,  2nd  ^iit  itntLr  the  same  military 
government.  This  is  indeed  to  be  "  Gained  //;."  Nothing  is  wanting  to  com- 
plete the  plan,  but  our  money,  to  defray  the  t-xpcnce  of  erecting  strong  holds 
among  our  woods  and  mountains^  and  to  bribe  our  Indians ;  and  then  the  expres- 
sion of  "  leafing  our  sivonls  into  ploughshare^  will  be  reversed  in  an  extraordina- 
ry manner  ;  for  our  "  plough-shares"  will  furnish  the  very  "  swords"  that  are 
to  cut  our  own  throats. 


venture  to  say,  that  William  was  not  king  of  Eng- 
land, and  sovereign  of  these  colonies,  before  his 
title  was  "  declared"  or  "  recognized"  by  u  an 
act  of  parliament?" The  gentleman  slurs  over 

to  levy  money  by  its  own  authority,  have  always  assigned  to  the  crown  the 
application  of  money." 

From  these  words  relating  to Ci  application"  the  author  of  "  the  controversy" 
deduces  a  "  proof,"  that  the  writer  of  the  letters  is  very  deficient  in  "  his 
knowledge  of  the  constitution,"  s  &c.  nfiver.  Is  this  treatment  generous  ? 
In  such  questions  ought  the  attack  to  he  turned  from  the  cause  to  the  man  ? 
Tke  writer  of  the  letters,  pretends  not  to  be  distinguished,  as  a  "  critic  on 
government"  nor  for  "  justness  or  elegance  of  composition.'  f  Surely,  even  the 
author  of  "  the  controversy"  must  now  be  convinced  of  his  aversion  to  writing, 
as  that  performance,  with  all  "  the  justness  and  elegance  of  its  composision, 
knowledge  of  the  subject  handled,  and  constitutional  learning  displayed  in  it," 
and  employed  to  puli  to  pieces  the  reputation  of  the  writer  of  the  letters,  has 
riot  rouzed  him  during  so  many  years  since  its  publication,  to  make  a  single 
effort  in  vindication  of  his  character.  Was  it  imagined,  that  every  objection 
was  just,  because  not  replied  to  ?  Many  reasons,  besides  a  fear  of  encountering 
objections,  may  prevent  an  answer.  In  truth,  he  cannot  be  called  a  volunteer 
author.  He  never  DiD,and  never  DARED  to  write,  but  ivhsn  the  honor  or  interest 

of  hi»  country  was  assaulted when  duty  compelled  every  one  to  contribute 

what  assistance  he  could  in  her  defence and  when  he  hoped,  the  cause 

would  draw  some  kind  of  a  veil  over  his  defects.  He  expected,  he  might  es- 
cape as  the  Spartan  youth  did,  with  some  slight  censure  for  engaging  improper- 
ly armed,  but  that  his  motive  would  excuse  him  from  a  severe  one.  How 
well  founded  the  present  reproach  is,  will  now  be  considered.  One  would 
imagine,  that  a  man  of  common  sense  on  reading  the  foregoing  extract  from 
the  letters,  would  understand  the  writer  plainly  to  mean  by  "  Itwing"  the 
power  of  "  taxing"' and  by  "  applying"  the  power  of  "  tiafloyimg"  the  money 


Page  25. 
*  Pages  ^^  and  25. 


this  case.  His  zeal  for  the  "  illustrious  house  of 
Hanover  "  would  be  little  gratified,  by  infering, 
that  because  the  two^ouses  with  the  consent  of  the 
nation,  made  a  king,  therefore  the  two  houses  can 


raised  by  taxing  ;  or  in  other  terms,  the  actual  expenditure  of  it.  This  meaning 
is  evident the  conclusion  being  express,  that  "  if  others  may  be  judges  in  ap- 
plying money,  OF  CONSEQUENCE  //  may  be  employed  to  our  injury" and  then 

follow  some  instances,  in  which  it  "  may  be  so  employed."  All  this  is  very 
clear.  How  then  does  the  very  ingenious  gentleman  open  his  way  to  the 
\vriter  of  the  letters,  to  give  him  this  violent  blow  ?  By  a  dexterity  worthy  of 

imifation tfjvitijialle.     He  leaves  out  of  his  quotation,  all  the  ivords  inclosed 

within  the  last  crotchet,  beginning  at  the  words  "  of  consequence"  and  ending  at 
the  words  "  oar  defence,"  that  shewed  beyond  a  possibility  of  doubt  in  what  sense 

the  word  "  applying"  was  used takes  no  notice  of  the  omission imposes 

another  sense  on  the  word and  then  insults,  may  it  be  said,  over  the  sup- 
posed mistake  of  saying,  "  that  the  people  of  England  have  always  assigned  to 
the  crown  the  application  of  money." 

What  sense  be  or  others  may  assign  to  the  word  "  application,"  is  not  the 
point  :  but  whether  the  word,  taken  in  that  sense  which  the  writer  of  the  letter* 
expressly  annexed  to  it,  is  used  ivitb  propriety  by  him,  or  whether  it  is  used  in 
fucb  a  manner,  as  to  "  pfove  he  is  very  deficient  in  his  knowledge  of  the  consti- 
tution ?"  By  that  word,  as  he  defines  it,  positively  as  language  can  declare  any 
meaning,  he  intends,  the  actual  expenditure  and  "employment"  of  money — and  is 
the  reader  to  be  tricked  out  of  that  definition^  and  anotbir  sense  shuffled  in,  mere- 
ly to  impeach  a  man's  character  by  slight  of  pen  ? 

HAS  not  the  constitution  "  assigned  to  the  crown  the  actual  expenditure  and 
employment  of  money  ?"  Is  not  this  power  part  of  the  executive  ?  Does  not  Mr. 
justice:  Blailstor.e  mention  this  power,  to  shew  the  vast  influence  of  the  crown? — 
He  particularly  takes  notice  of  it  with  respect  to  the  army — in  these  expressi- 
ons— "paid  indeed  ultimately  by  the  people,  but  immediately  by  the  crown  ;  rais- 
ed by  the  crown  ;  officered  by  the  crown ;  commanded  by  the  crown."  £ 


I  BLACKSTONE,  330. 


(      3%     ) 

make  laws.     Yet  that  conclusion  would  be  as  jus- 
tifiable as  this that  the  assent  of  the  colonies  to 

an  election  of  a  king  by  the  two  houses,  or  to  the  li- 
mitation of  the  crown  by  act  of  parliament,  proves 


Is  not  the  word  "  application"  used  here  too,  not  only  properly,  at  defin<(tt 
but  properly,  in  a  constitutional  sense  ? 

True  it  is,  that  the  word  is  sometimes  used  as  synonimous  with  appropriation, 
though  this  latter  seems  to  be  the  fittest  word  to  mean  the  designation  of  money 
to  particular  purposes  in  acts  of  parliament.  Could  it  be  possible,  that  the  au- 
thor of"  the  controversy"  should  imagine,  the  writer  of  the  letters  could  be 
ignorant  of  such  designation  or  appropriation  of  money  by  parliament,  when 
one  can  scarcely  open  a  book  of  statutes,  without  observing  them  ?  Parliament 
may  accommodate  grants  of  money  to  public  necessities — and  may  call  officers 
.of  the  crown  to  account  for  money,  but  these  powers  no  more  prove  the  actual 
expenditure  and  employment  of  money  to  belong  to  parliament,  than  the  power  of 
calling  officers  of  the  crown  to  account  for  injurious  leagues,  or  declarations  of 
.war,  proves  the  power  of  parliament  to  make  leagues  or  to  declare  war.  Besides, 
it  being  contended  against  the  colonies,  that  the  "  sovereign  po-wer"*  is  lodged 
in  king,  lords,  and  commons,  the  same  persons  may  tax  and  expend,  to  what  .ox- 
cess  and  in  what  manner  THEY  PLKASE,  while  the  colonies  will  have  no  KIND 
OF  CONTROUL  over  them  :  and,  that  such  an  union  of  those  powers,  is  uncon-* 
stitutional  and  dangerous  to  the  colonies  in  extreme,  was  the  point  the  writer 
of  the  letter  inoffensively  ventured  to  insist  on. 

Exactly  in  the  sense  here  contended  for,  arc  the  words  "  appropriation"  and 
"  application"  used  in  some  of  the  best  authorities.  Bishop  Ellys,  in  his  tracts 
on  liberty,  page  31,  says — "  The  parliament,  at  present,  in  granting  money, 
does  for  the  most  part  appropriate  it  to  particular  services,  whereby  the  applica- 
tion of  it  is  more  effectually  secured."  "  When  any  aids  are  given,  the  common* 
only  do  judge  of  the  necessities  cf  the  crown,  which  cannot  be  otherwise  made 
manifest  to  them,  than  by  inquiring,  haw  the  money  which  hath  been  granted, 
and  revenue  of  the  crown,  is  expended  and  applied^  "  Out  of  the  aids  given  by 

a   Words  of  the  (cmyiom  at  a  conference  with  the  lords. 


(      384.      ) 

a  right  in  parliament  to  bind  the  colonies  by  statutes 
*'  in  all  cases  whatsoever."  In  such  great  points, 
the  conduct  of  a  people  is  influenced  solely  by  a  re- 
gard for  their  freedom  and  happiness.  The  colonies 
have  no  other  head  than  the  king  of  England.  The 
person  who  by  the  laws  of  that  realm,  is  king  of  that 
realm,  is  our  king. 


parliament,  (which  hy  the  law  of  England  are  appropriated,  and  ought  to  lavf 
been  em  filled  in  the  common  profit  of  the  whole  realm  ^  many  large  sums  of  money, 
during  the  times  of  such  heavy  taxes  upon  the  people,  have  been  diverted  under 
the  head  of  secret  services,  and  for  taldriet^  bounties  znd  J>cnsionst  &c."  v 

Some  other  unfairnesses  there  are  in  this  famous  piece,  that  need  only  be 
viewed,  to  be  refuted  ;  but  of  which,  it  may  be  said,  if  a  "  precedent"  establish- 
ed by  the  respectable  gentleman  himself,  can  procure  pardon  for  the  expressi- 
on, that"  they  are  not  intitled  to  notice."  How  could  he  venture  to  assert  as 
he  dots,  that — "  the  purpose  of  the  letters  was  to  excite  resentment  in  the  co- 
lonies against  their  parent  country,  and  to  push  them  on  to  a  separation  from 
her."  The  letters  prove  the  contrary.  Few  men  have  exprest  a  warmer  zeal 
for  the  connexion,  than  the  writer  of  them  !  Yet  his  reputation  is  to  be  at- 
tacked on  every  account,  and  a  charge  even  of  disloyalty  directly  levelled  against 
him.  The  author  is  welcome  to  take  what  other  licenses  he  pleases  in 
his  reprehensions  of  the  writer  ;  but  he  ought  not  to  have  denied  his  integrity. 
Their  intentions  must  stand  the  test  of  a  tribunal,  that  decides  for  eternity, 
May  they  then  appear  equally  pure. 

True  indeed  ere  those  words  of  lord  Clarendon. <(  Let  no  honest  man 

that  is  once  entered  into  the  lists,  think,  he  can  by  any  skill  or  comportment, 
prevent  these  conflicts  and  assaults — but  let  him  look  upon  it  as  a  purgatory  he 
is  unavoidably  to  pass  through;  and  constantly  performing  the  duties  os' 
integrity,  and  ujbrisltness,  depend  upon  PROVIDENCE,  and  time,    for  a  vindica- 
tion. 


v   Address  of  the  house  cf  commons  to  queen  Anne. 

ry  history. 


(   385   ) 

A  DEPENDENCE  *  on  the  crown  and  PARLIA- 
MENT  of  Great-Britain,  is  a  novelty — a  dreadful 
novelty.— It  may  be  compared  to  the  engine  invent- 
ed by  the  Greeks  for  the  destruction  of  Troy.-f  It 
is  full  of  arrned  enemies,  and  the  walls  of  the  con- 
stitution must  be  thrown  down,  before  it  can  be 
introduced  among  us. 

WHEN  it  is  Considered  that  the  king,  asking  of 
England,  has  a  power  in  making  laws— the  power 

of  executing  them of  finally   determining  on 

appeals — of  calling  upon  us  for  supplies  in  times 

of  war,  or  any  ,  emergency that  every  branch 

of  the  prerogative  binds  us,  as  the  subjects  are 
bound  thereby  in  England and  that  all  our  in- 
tercourse with  foreigners  is  regulated  by  parlia- 

*  This  word  "  dependence"  as  applied  to  the  states  connected  with  £v- 
land,  seems  to  be  a  new  one.  It  appears  to  have  heen  introduced  into  the 
language  of  the  law,  by  the  commonwealth  act  of  1650.  A  "  dependence  on 
parliament"  is  still  more  modern.  A  people  cannot  be  too  cautious  in  guard- 
ing  against  such  innovations.  «  The  credentials  of  the  imperial  embassadors  to 
the  states  of  Holland,  were  directed—"  to  our  faithful  and  beloved."  The  words 
seem  to  be  very  kind  ;  but  the  cautious  states  discovered  that  this  was  the 
stile  of  the  imperial  chancery  in  writing  to  the  -vassals  of  tie  empire.  The  ques- 
tion was,  whether  the  credentials  should  be  opened  ?  and  it  was  urged,  that  a 
solemn  embassy  ought  not  to  be  disappointed,  for  a  few  trifling  words.  But 
the  states  resolved  to  send  them  back  unopened,  which  they  did.  Other  cre- 
dentials were  then  sent,  with  a  proper  direction  ;  and  the  cmbassadors  were 
well  received."  Arcana  imp  det  pagc  J?6 

f  7  Co    18. 
VOL.     I.  3    A 


(      386      ) 

men!. Colonists  may  "  surely"  be  acknow- 
ledged to  speak  with  truth,  and  precision,  in  an- 
swer to  the  "  elegantly"  exprest  question — "  what 
king  it  is,"  Sec.  by  saying  that  "  his  most  graci- 
ous majesty  George  the  third,"  is  the  King  of  Eng* 

land,  and  therefore,  "  tbe*king"  they profess 

themselves  to  be  "  loyal  subjects  of?" 

Wfc  are  aware  of  the  objection,  that,  "  if  the 
king  of  England  is  therefore  king  of  the  colonies, 
they  are  subject  to  the  general  legislative  authority 
of  that  kingdom."  The  premises  by  no  means 
warrant  this  conclusion.  It  is  built  on  a  mere  sup- 
position, that  the  colonies  are  thereby  acknowledg- 
ed to  be  within  the  realm,  and  on  an  incantation 
expected  to  be  wrought  by  some  magic  force  in 
those  words.  To  be  subordinately  connected  with 
England,  the  colonies  have  contracted.  To  be  sub- 
ject to  the  general  legislative  authority  of  that  king- 
dom, they  never  contracted,  Such  a  power  as  may 
be  necessary  to  preserve  this  connection  she  has. — 
The  authority  of  the  sovereign,  and  the  authority  of 
controuling  our  intercourse  with  foreign  nations 
form  that  power.  Such  a  power  leaves  the  colo- 
nies free.  But  a  general  legislative  power,  is  not  a 
power  to  preserve  that  connection,  but  to  distress 
and  enslave  them.  If  the  first  power  cannot  sub- 
sist, without  the  last,  she  has  no  right  even  to  the 
first, the  colonies  were  deceived  in  their  con- 


C    287    ) 

tract and  the  power  must  be  unjust  and  illegal ; 

for  God  has  given  to  them  a  better  right  to  pre- 
serve their  liberty,  than  to  her  to  destroy  it.  In 
other  words,  supposing,  king,  lords  and  commons 
acting  in  parliament,  constitute  a  sovereignty  over 
the  colonies,  is  that  sovereignty  constitutionally 
absolute  or  limited?  That  states  without  freedom, 
should  by  principle  grow  out  of  a  free  state,  is  as 
impossible,  as  that  sparrows,  should  be  produced 
from  the  eggs  of  an  eagle.  The  sovereignty  over 

the  colonies,  must  be  *  limited. Hesiod  long 

since  said,  "  half  is  better  than  the  whole  ;"  and 
the  saying  never  was  more  justly  applicable,  than 
on  the  present  occasion.  Had  the  unhappy  Charles 
remembered  and  regarded  it,  his  private  virtues 
might  long  have  adorned  a  throne,  from  which  his 
public  measures  precipitated  him  in  blood.  To 
argue  on  this  subject  from  other  instances  of  par- 
liamentary power,  is  shifting  the  ground.  The 
connection  of  the  colonies  with  England,  is  a  point 
of  an  unprecedented  and  delicate  nature.  It  can 
be  compared  to  no  other  case  ;  and  to  receive  a 
just  determination,  it  must  be  considered  with  re- 


*  "  Ncc  R  E  G  I  BU  S  Injinita  aut  liber  a  pottitas,  was  the  constitution  of  our  Ger- 
man ancestors  on  the  continent,  and  this  is  not  only  consonant  to  the  principles 
of  nature,  of  liberty,  of  reason,  and  of  society,  but  has  always  been  esteemed  an  ex- 
press part  of  the  COMMON  LAW  of  England,  even  when  prerogative  ivat  at  the 

li*best.n  I  BLACKSTONE,  233. 


(       388      ) 

ference  to   its  own  peculiar  circumstances,  f  The 
common  law  extends  to  colonies  ;  yet  mr.  justice 


f  The  learned  judge,  (in  vol.  I.  pag.  107.)  says  this  country  was  not"  vn- 
inhabited  when  discovered  and  planted  by  the  English.  &c.  but  ought  to  be  con- 
sidered as  a  conquered,  ceded,  or  Infidel  country.  Our  American  plantations  are  prin- 
cipally of  this  latter  sort,  being  obtained  in  the  last  century,  either  by  right  of 
conquest  and  driving  out  the  natives  (with  what  natural  justice,  I  shall  not  at  pre- 
sent inquire)  or  by  treaties :  and  therefore  the  common  law  of  England,  as  such, 
has  no  allowance  or  authority  there,  they  being  no  part  of  the  mother  coun- 
try, but  distinct  (though  dependent)  dominions.  They  are  subject  however 
to  the  controul  of  the  parliament." 

According  to  this  doctrine,  the  colonists  are  considered  ///  a  legal  in  civ  by 
the  parent  state,  "  as  infidels  or  conquered  people"  not  as  her  children  with  her 
consent  establishing  societies  for  her  benefit.  Though  not  a  single  man  of  the 
"  infidels  or  conquered"  people,  should  now  be  found  to  reside  in  each  colony; 
yet  a  political  contagion  is  communicated  to  Englishmen  in  secula  seculorum,  be- 
cause Indium  once  fished  in  the  rivers,  and  hunted  in  the  woods  \ithh  be  their 
"  condition*  then  according  to  the  law  laid  down  by  the  judge,  "  they  are  sub- 
ject not  only  to  the  controul  of  parliament"  but  the  "  king  may  alter  and  impose 
Y 

Tt  is  not  known,  what  the  learned  judge  means  by  the  word  "principally" 
perhaps  he  alludes  to  the  ill  directed  humanity  and  justice  of  the  first  settlers  of 
some  colonies,  who  purchased  the  lands  from  the  natives,  for  valuable  and 
satisfactory  considerations.  It  was  a  very  useless  exercise  of  their  virtues,  for 
their  posterity.  If  they  had  by  accident  settled  an  "  uninhabited"  country,  the 
invaluable  rights  of  the  common  law  would  have  attended  them  ;  but  when 
they  dared  to  obtain  a  settlement  by  humanity  zndjustice,  they  ybr/«/W  all  rights 
of  the  common  law  to  the  latest  succeeding  ages.  Can  this  be  laiv  ?  Every  case 
quoted  by  the  judge,  it  is  humbly  apprehended,  makes  a  distinction  between 
stages  or  societies  composed  of  English  subjects,  and  those  composed  of  "  conquer' 
,rd"  people,  &c.  and  that  ti'is  is  the  only  distinction  warrantable  by  those  cases. 


i  Bhckstone,  107,  and  the  cases  there  cited. 


Blackstone  says-  "  such  parts  of  the  law  as  are  nei- 
ther jiecessary'nor  convenient  for  them,  as  the  juris- 


That  the  conquerors  should  be  considered  AS  the  conquered,  the  expellen  of  the  na- 
tives AS  the  expelled  natives,  and  the  Christian  possessors  and  oivners  by  fair  purchases 
from  those  ivho  lad  a  right  to  sell,  AS  the  infidels  no  longer  possessing  or  owning,  seems 
to  involve  a  confusion  of  ideas,  little  agreeing  with  the  strength  of  reason  that 
informs  the  common  law. 

It  is  very  remarkable,  how  our  ablest  antagonists  are  perplexed  in  framing 
their  arguments  against  us.  Even  the  learned  judge  does  not  express  himself 
with  his  usual  perspicuity  :  but  the  want  of  it  is  well  atoned,  if  we,  colonists, 
can  be  thereby  Deprived  of  the  benefits  of  the  common  law,  and  be  absolutely 
subjected  to  the  king ;  for  these  courtly  tenets  are  the  only  consequences  deduci- 
ble  from  the  curious  argument  that  tends  to  involve  these  colonies,  in  the  misfor- 
tunes of  "  conquered,  ceded,  or  infidel  countries."  The  "  controul  of  parliament," 
is  asserted  to  be  supreme,  in  every  case.  Whecher  the  colonies  were  settled  in 
"  uninhabited  countries,"  or  in  "  conquered,  ceded,  or  infidel  countries,"  makes 
no  difference  as  to  that  point. 

Another  learned  gentleman  has  discovered,  that  we  "  are  not  intitled  to  as 
great  a  degree  of  freedom  as  Ireland"  Why  ?  "  Because  Ireland  was  a  conquered 
country."  This  remark  does  not  seem  to  remove  the  difficulty.  Let  us  hear 
the  point  a  little  more  explained.  "  Ireland  it  is  true  was  conquered,  but  certain 
concessions  were  made  to  the  people.  These  were  the  terms  granted  them,  but 
England  \s  obliged  to  keep  no  terms  with  the  colonists."  At  every  step  these 
gentlemen  take,  those  writers,  who  have  contributed  so  much  to  the  glory  of 

their  country,  turn  upon  them,  and  directly  oppose  them. They  at  first 

shrink  before  these  venerable  advocates  for  liberty  and  humanity — but  recol- 
lecting themselves,  they  distinguish  and  refine,  in  order  to  take  away  the  sub- 
stance of  every  argument,  and  to  whittle  down  a  Hooker  and  a  Lode  into  a 

Lestrange  and  a  f "timer. After  taking  these  liberties,  they  at  length  grow 

bold  enough  to  arraign  the  authority  of  any  man,  even  mr.  Lode  himself,  if 
his  writings  cannot,  by  all  this  art,  be  turned  to  their  purpose. 

We  need  not  be  surprised  after  this,  that  every  colonist,  who  ventures  ho- 
nestly, to  assert,  as  well  as  he  can,  the  cause  of  his  native  land,  should  be  treat- 
ed with  little  respect.  The  colonies  have  always  been  on  the  defensive.  It  it 


(      390     ) 

diction  of  the  spiritual  courts,  &c.  are  therefore 
not  in  force.''  If  even  the  COMMON  LAW,  in  force 
within  the  realm  of  England,  when  the  colonists 
quitted  it,  is  thus  abridged  by  the  peculiar  circum- 
stances of  colonies,  at  least  equally  just,  and  con- 
stitutional is  it,  that  the  power  of  making  new  laws 
within  the  realm  of  England,  should  be  abridged 
with  respect  to  colonies,  by  those  peculiar  circum- 
stances.^; 


Loped  tley  will  always  continue  so.  But  the  author  of"  the  controversy"  charges 
them  with  great  cunning,  a  left  handed  wisdom,  that  must  disgrace  any  people 
because  they  have  not  resisted,  in  places  where  they  were  not  immedi- 
ately attacked. "  It  is  the  artifice  of  the  managers,  on  the  part  of  the 

colonies,  to  avoid  general  questions,  and  to  keep  back  and  conceal  conse- 
quences, least  the  unsuspecting  people  of  England  should  too  soon  catch  the 
alarm,  and  resolve  to  withstand  their  first  attempts  at  independency."  w  — 

That  is they  have  acted  just  as  the  "  unsuspecting  people  of  England"  have 

done  in  their  controversies  with  the  crown.  They  confined  themselves  from 
time  to  time,  to  a  demand  of  redress,  for  the  injuries  offered  them.  This  be- 
haviour of  the  colonistSjWould,  by  some  persons,  be  deemed  modest  and  respect- 
ful. Now  indeed  the  conduct  of  administration  demonstrates  to  us,  that  we  must 
enlarge  our  views,  and  endeavour  to  take  a  prospect  of  all  the  mischiefs  necesa- 
rily  attending  a  claim  of  boundless  power  with  an  unbounded  inclination  to 
exercise  it.  The  gentleman  may  perhaps  call  for  fire  and  faggots  to  extirpate 
our  political  heresy  ;  but  we  trust,  and  trust  Jirmly,  that,  the  sense  and  genero- 
sity of  the  good  people  of  England,  will  discover  and  defeat  the  present  plan 
against  tlelr  liberties,  as  they  have  already  so  many  other  schemes  of  that  ten- 
dency  that  they  will  behold  their  dutiful  children  with  compassionate  love, 

and  with  just  indignation  those  unrelenting  enemies,  from  whom  they  can  ex- 
pect no  other  favour,  but  that  England  "  shall  be  the  last  they  will  devour." 

|  The  author  of  tke  controversy,  in  page  31  of  his  work,  argues  thus  con- 
cerning the  legislative  power  of  Great-Britain  over  the  colonies.    "  The  lands 

w    Page  15. 


(      39*      ) 

THE  laws  of  England  with  respect  to  preroga- 
tive, and  in  other   instances,   have    accomodated 


in  all  the  colonies  having  therefore  been  clearly  shewn  to  be  part  of  the  domi- 
nions of  Great-Britain,  and  the  possessors  of  them  to  hold  them  under  authori- 
ties and  titles  derived  from  the  British  state,  mr.  Locke  would  require  no  other 
proof  of  the  right  of  the  legislative  power  of  Great-Britain  to  the  obedience  of 
the  possessors  of  those  lands ;  for  speaking  of  the^  manner  by  which  a  man 
tacitly  makes  himself  a  subject  of  any  country  or  government,  he  says, 

"  It  is  commonly  supposed,  that  a  father  could  oblige  his  posterity  to  that 
government  of  which  he  himself  was  a  subject,  and  that  his  compact  held 
them  ;  whereas  it  being  only  a  necessary  condition  annexed  to  the  land,  and 
the  inheritance  of  an  estate,  which  is  under  that  government,  reaches  only 
those  who  will  take  it  on  that  condition,  and  so  is  no  natural  tie  or  engage- 
ment, but  a  voluntary  submission ;  for  every  man's  children  being  by  nature 
as  free  as  himself,  or  any  of  his  ancestors  ever  were,  may,  whilst  they  are  in 
that  freedom,  choose  what  society  they  will  join  themselves  to,  what  common- 
wealth they  will  put  themselves  under  ;  but  if  they  will  enjoy  the  inheritance 
of  their  ancestors,  they  must  take  it  on  the  same  terms  their  ancestors  had  it, 
and  submit  to  all  the  conditions  annexed  to  such  a  possession.''  "  Whoever 
(says  he  in  another  place)  by  inheritance,  purchase,  permission,  or  otherways, 
enjoys  any  part  of  the  lands  so  annexed  to,  and  under  the  government  of,  that 
commonwealth,  must  take  it  with  the  condition  it  is  under ;  that  is,  of  submit- 
ting to  the  government  of  the  commonwealth  under  whose  jurisdiction  it  is, 
as  far,  forth  as  any  subject  of  it."  page  31.  The  ingenuity  of  the  gentleman 
is  here  again  remarkable.  Mr.  Locke  in  his  eighth  chapter  on  civil  govern- 
ment "  of  the  beginning  of  political  societies,"  immediately  before  the  words 
abovementioned  "  whoever  by  inheritance,"  &c.  speaks  of  a  man  who 
"  unites  his  person  which  was  before  free  to  a  society  for  the  securing  and  regu- 
lating of  property,  and  sithmits  to  the  community  those  possessions  which  he  has 
or  shall  acquire,  that  do  not  already  belong  to  ar>y  other  government."  These 
words  the  gentleman  not  thinking  quite  to  his  purpose  in  this  place,  separates 
from  the  words  of  his  quotation,  and  so  gives  mr.  Lode's  conclusion  without 
his  premises.  However  three  pages  after,  he  is  so  candid,  as  to  give  the  pre- 
mises without  the  conclusion.  How,  or  why  ?  to  support  this  most  curious 
*ii*tuiction, — that  mr.  L.*ele,  In.  that  celebrated  part  o£  his  argument,  where 


(      292      ) 

themselves,  without  alteration  by  statutes,  to  a 
change  of  circumstances,  the  welfare  of  the  people 

speaking  of  "  government  taking  the  property  of  subjects,"  he  says  "  what 
property  have  I  in  that)  ivhicb  another  may  by  right  take  from  me  ivhen  be  pleases"  * 
"  means  no  more"  than  that  the  supreme  legislative  power  has  no  right  to  take 
the  property  of  others  without  their  consent,  "  for  the  private  use  or  purpose  of 
the  legislative  "  So  that  according  to  this  construction,  the  constitution  of  a 
•well  established  government,  or  the  freedom  of  a  people,  depends  not  on  the 
great  right  which  GOD  has  given  them  "  of  having  a  share  in  the  government 
of  themselves,"  whereby  their  property  is  secured,  but  merely,  on  the 
"purpose?  to  which  the  property  taken  from  them  without  their  consent,  is 
applied  by  those  who  thus  take  it.  And  yet  this  gentleman  has  severely  attack- 
ed the  writer  of  the  letters,  for  using  the  word  " purpose"  in  a  much  more: 
eonjined  sense,  in  saying,  a  "  tax  is  an  imposition  on  the  subject  for  the  sole  pur- 
pose cf  levying  money." 

Mr.  Lode,  in  the  preceding  chapter,  speaking  of  monarchy  says,  "  that 
absolute  power  purifies  not  mens  bloods.  For  if  it  be  asked,  what  security  or 
fence  arises  in  such  a  state,  against  the  violence  and  oppression  of  the  absolute 
ruler  ?  the  very  question  can  scarce  be  borne.  They  are  ready  to  tell  you  it 
deserves  death,  only  to  ask  after  safety.  Betwixt  subject  and  subject  they  will 
grant  there  must  be  measures,  laws  and  judges  for  their  mutual  peace  and  se- 
curity :  but  as  for  the  rule r,  be  ought  to  be  absolute,  and  is  above  all  such  circumstan- 
tes  :  because  he  has  power  to  do  more  hurt  and  wrong,  it  is  right  when 
he  does  it.  To  ask  how  you  can  be  guarded  from  harm  or  injury  on  that  side, 
where  the  strongest  hand  is  to  do  it,  is  presently  the  voice  otfactisn  and  rebel- 
lion" But  here  our  opponent  may  come  in  with  another  distinction.  "  Mr. 
Lode  speaks  here  of  an  absolute  ruler,  not  of  absolute  rulers.  Lilly  proves  that 
there  is  the  singular  number,  and  the  plural  number.  A  power  that  mr. 
Lode  would  have  held  illegal  in  a  Pislstrattts  or  a  Stuart,  he  would  have  held 
legal  in  the  four  hundred  of  Athens,  or  the  parliament  of  Great-Britain."  Let 
the  distinction  be  allowed  its  due  weight.  Can  it  be  believed  that  such  a 
friend  to  mankind,  as  Mr.  Lode  was,  could  ever  think  absolute  dominion  v  just 

x  Page.  33. 

^  "  Absolute  dominion  Ijoivever  placed,  is  SO  far  from  being  one  kind  of  civi!  ic.'- 
ff\\  that  it  is  as  inesmitient  with  it,  as  slavery  is  with  properly." 

Loii?s,<.->\\  civil  govt.  page  I7-J- 


(      393     ) 

so  requiring.     A  regard  for  that  grand  object  per- 
petually animates  the  constitution,  and  regulates 


or  legal  ?  Would  not  such  a  sentiment  directly  oppose  those  principles,  his 
benevolence  induced  him  to  take  so  much  pains  to  vindicate  and  establish  ? 

Would  the  sound  of  the  words — •— •"  dependence— — "  "  subordination " 

"  within  the  realm "  "  pait  of  the  dominions "  &c.  have  convinced 

him,  that  it  was  "  the  indispensible  duty  of  parliament  to  ease  the  gentry  and 

people  of  Great-Britain  by  TAXING  the  colonists  without  their  consent  ?'" 

and  that  it  was  the  indispensible  duty  of  the  colonists  on  constitutional  principles 
to  submit  to  such  taxation  ?  The  learned  say  that  the  too  rigid  attention  of  the 
mind  to  one  idea  sometimes  is  the  cause  of  madness.  So  rigid  has  been 
the  attention  of  many  heads  in  Great-Britain  to  the  idea  of  dependence,  that 
it  seems  to  have  occasioned  a  kind  of  insanity  in  them ;  and  by  ruminating, 
speechifying,  snd  enacting  about  it  and  about  it,  they  have  lost  all  ideas  of  jus- 
tice, humanity,  law  and  constitution,  and  in  short  of  every  quality  that  used  to 
distinguish  men  from  the  rest  of  this  creation,  and  Englishmen  from  the  rest  of 
mankind.  But  mr.  Loch's  understanding,  even  in  the  present  whirl  of  the 
political  world,  \\ouldhave  preserved  him,  just  and  tenacious  of  his  principles. 
The  case  he  puts,  and  on  which  the  author  of  "  the  controversy"  argues,  is  that 
of  a  submission  to  the  terms  of  government  in  a  coinmonivealt'j .  The  question  be- 
tween Great-Britain  and  the  colonies,  is,  ivbat  are  the  terms  of  their  connection 
under  all  the  circumstances  of  it. 

It  is  not  recollected  that  mr.  Locks  ever  insinuates,  that  the  parliament  of 
Great-Britaim  might  bind  the  people  of  Ireland  by  statutes,  "  in  all  eases  ivlat- 
sosvtr."  Yet  there  was  in  his  time  a  famous  dispute  concerning  the  authority 
of  parliament  over  that  kingdom.  So  far  was  he  from  favouring  the  claim  of 
parliament,  that  it  is  hoped,  it  can  clearly  be  proved,  he  favoured  the  other 
side  of  the  question. 

His  friend  mr.  Molineux,  in  a  letter  dated  Mircl  15,  1697-8,  tells  him  of 
his  intentions  to  visit  him  —when  he  could  get  loose  from  business :  "  but 
this  I  cannot  hope  for,  till  the  parliament  in  England  rises.  I  should  be  glad 
to  know  from  you,  when  that  is  expected,  for  indeed  they  bear  very  hard 
upon  us  in  Ireland.  How  justly  they  can  bind  us,  'without  oar  consent  and  repre- 
scntatives)  I  leave  the  author  of  the  two  treatises  on  government  to  consider" 

VOL.   i.  3  B 


(      394-     ) 

all  its  movements unless  unnatural  obstructi- 
ons interfere 

"  Spiritus  intus  alit,  totamque  infusa  perartus 
"  Mens  agltat  molem,  &  magno  se  corpore  mis- 
cet." 

ANOTHER   argument  for  the  extravagant  power 

of  internal  legislation  over  us  remains. It  has 

been  urged  with  great  warmth  against  us,  that 
"  precedents"  shew  this  power  is  rightfully  vested 
in  parliament. 


— meaning  mr.  Locke's  two  treatises— one  on  government — the  othfr  on  civil 
government ;  though  they  are  published  alfo  as  one  treatise,  the  first  book  of 
•which  is  under  the  first  title,  and  the  second  book  under  the  second  title. 

Mr.  Locke,  in  his  answer  dated  April  6,  1698,  says,  "  amongst  other  things 
I  would  be  glad  to  talk  with  you  about,  before  I  die,  is  that  which  you  sug- 
gest at  the  bottom  of  the  first  page  of  your  letter.  I  am  mightily  concerned  for 
t\i&  place  meant  in  the  question  you  say  you  \vill  ask  the  author  of  the  treatise 
you  mention,  andivlsl  extremely  well  to  it,  and  would  be  very  glad  to  be  inform- 
ed by  you  tuhat  -would  be  best  for  it,  and  debate  with  you  the  way  to  com- 
pose it :  but  this  cannot  be  done  by  letters :  the  subject  is  of  too  great  extent, 

the  views  too  large,  and  the  particulars  too  many  to  be  so  managed. Ccme 

therefore  yourself,  and  corns  as  ivell  prepared  as  you  can.  But  if  you  talk  with 
Others  on  that  point  there,  mention  not  me  to  any  body  6n  that  subject ;  only  let  you 
and  I  try  what  good  ive  can  do  for  those  tubom  ive  ivisb  -well  to  ;  great  things  have 
sometimes  been  brought  about  from  small  beginnings  -well  laid  together" 

Mr.  Mdlnsux  quickly  after  came  over  from  Ireland  to- England,  to  see  mr. 


(      395      ) 

SUBMISSION  to  unjust  sentences  proves  not  a 
right  to  pass  them.  Carelessness  or  regard  for 
the  peace  and  welfare  of  the  community,  may  cause 
the  submission.  Submission  may  sometimes  be  a 
less  evil  than  opposition,  and  therefore  a  duty. 
In  such  cases  it  is  a  submission  to  the  divine  au- 
thority, which  forbids  us  to  injure  our  country ; 
not  to  the  assumed  authority,  on  which  the  unjust 
sentences  were  founded.  But  when  submission  be- 
comes inconsistent  with  and  destructive  of  the  pub- 
lic good,  the  same  veneration  for  and  duty  to  the 
divine  authority,  commands  us  to  oppose.  The 
all  wise  Creator  of  man  imprest  certain  laws  on  his 
nature.  A  desire  of  happiness,  and  of  society,  are 
two  of  those  laws.  They  were  not  intended  to  de- 
stroy, but  to  support  each  other.  Man  has  there- 
fore a  right  to  promote  the  best  union  of  both,  in 
order  to  enjoy  both  in  the  highest  degree.  Thus, 
while  this  right  is  properly  exercised,  desires,  that 
seem  selfish,  by  a  happy  combination,  produce  the 
welfare  of  others.  "  This  is  removing  submission 
from  a  foundation  unable  to  support  it,  and  injuri- 
ous to  the  honour  of  GOD,  and  fixing  it  upon  much 
firmer  ground.* 

No  sensible  or  good  man  ever  suspected  mr. 
Hooker  of  being  a  weak  or  factious  person,  "  yet 

*  Hoadley's  discourse  on  government. 


he  plainly  enough  teacheth,  that  a  society  upon  ex- 
perience of  universal  evil,  have  a  right  to  try  by 
another  form  to  answer  more  effectually  the  end:, 
of  government" — and  mr.  Hoadley  asks — "  would 
the  ends  of  government  be  destroyed,  should  the  mi- 
serable condition  of  the  people  of  France,  which 
hath  proceeded  from  the  king^s  being  absolute, 
awaken  the  thoughts  of  the  wisest  heads  amongst 
them  ;  and  move  them  all  to  exert  themselves,  so 
as  that  those  ends  should  be  better  answered  for 
the  time  to  come  ?" 

WHAT  mind  can  relish  the  hardy  proposition, 
that  because  precedents  have  been  introduced  by 
the  inattention  or  timidity  of  some,  and  the  cunning 
or  violence  of  others,  therefore  the  latter  have  a 

right  to  make  the   former  miserable that  is, 

that  precedents  that  ought  never  to  have  been  set, 
yet  being  set,  repeal  the  eternal  laws  of  natural  jus- 
tice, humanity  and  equity.* 


* «  I  could  never  think 

"  A  mortal's  law  of  power  or  strength  sufficient 

"  To  abrogate  the  unwritten  law  divine, 

"  Immutable,  eternal,  not  like  these 

*'  Of  yesterday,  but  made  e'er  time  began." 

SofbotleS*  Aiitfg.  Fra*t.  Traasl. 

It  should  be  considered,  whether  it  ever  was  or  ever  can  be  the  true  interest 
«f  a  kingdom  or  state,  to  violate  the  laws  of  natural  justice,  equity  and  humani- 
ty. These  laws  may  be  called  the  laws  of  GOD.  Can  they  be  broken  with 
impunity  ?  The  scriptures  are  full  of  lessons  on  this  subject,  and  history  fur- 


(      397      ) 

THE  argument  from  precedents  begins  unlucki- 
ly for  its  advocates.  The  first  produced  against 
us  by  the  gentleman  before  mentioned,  was  an  act 
passed  by  the  commonwealth  parliament  in  1650  to 
"  punish"  Virginia,'\  Barbadoes,  Antigua,  and 
Burmudas,  for  their  fidelity  to  Charles  the  second. 
So  ancient  is  the  right  of  parliament  to  u  punish" 
colonists  for  doing  their  duty.  But  the  parliament 
had  before  overturned  church  and  throne,  so  that 
there  is  an  older  "  precedent"  set  against  these. 

THAT  parliament  sat  amidst  the  ruins  that  sur- 
rounded it,  fiercer  than  Marius  among  those  of 
Carthage.  Brutal  power  became  an  irresistible 
argument  of  boundless  right.  What  the  stile  of 


nishcs  instances  sufficient  to  alarm  oppressors,  if  they  would  attend  to  them.— 
All  the  glories  of  Claries  the  bold, — Charles  the  fifth, — Philip  the  second, — 
Charles  the  twelfth, — Lewis  the  fourteenth, — —and  a  numerous  list  ef  distin- 
guished princes,  were  overcast,  when  unrelenting  cruelty  came  to  preside  over 
their  resolutions.  From  Athens  to  Genoa  the  observation  holds  true.  Let  not 
the  opinion  be  condemned  as  presumptuous,  before  it  be  fully  inquired  into. 
It  is  worth  an  inquiry. 

England  has  been  prosperous  in  many  civil  wars,  but  they  were  in  defence  of 

liberty.     She  never  engaged  in  one  against  liberty. Would  to  Heaven,  she 

would  set  the  world  the  much  wanted  example  of  lenity  in  government. 

Mankind  might  gain  by  it.  The  other  mode  has  been  sufficiently  tried,  and 
proved  to  be  impolitic  and  ruinous. 

f  This  loyal,  generous  colony  preserved  its  principles  with  such  spirit,  not- 
withstanding the  oppression  abovementioned,  that  in  January^  1659,  they  threw 
off  all  obedience  to  the  parliament,  replaced  the  king's  governor,  and  proclaim- 
ed Charlu  the  second,  several  months  before  the  restoration  iu  Europe. 


(      398     ) 

an  Aristotle  could  not  prove,  the  point  of  a  Crom- 
well's  sword  sufficiently  demonstrated.  Innocence 

and  justice  sighed  and  submitted what  more 

could  they  do  ?  The  restoration  took  place,  and  a 
legal  parliament  would  not  doubt  but  it  had  as  ex- 
tensive a  right  as  an  illegal  one.  The  revolution 
succeeded,  and  with  it  methods  for  blending  toge- 
ther the  powers  of  the  king  and  people  in  a  manner 
before  unknown.  A  new  political  alembic  was 
fixed  on  the  great  principle  of  resistance,  and  in  it, 
severe  experiments  were  to  be  made  on  every  other 
principle  of  the  constitution.  How  the  boldness  of 
ministers  and  contempt  of  the  people  have  increased 
since  that  period,  not  a  man  the  least  acquainted 
with  English  history  can  be  ignorant.  The  colo- 
nies were  in  a  state  of  infancy still  in  a  state  of 

childhood.  Not  a  single  statute  concerning  them 
is  recollected  to  have  been  past  before  the  revolu- 
tion, but  such  as  related  to  the  regulation  of  trade. 
"  Precedents"  were  afterwards  made,  that,  when 
they  grew  up,  the  authority  of  a  master  might  suc- 
ceed that  of  a  parent. 

PRECEDENTS,  it  is  apprehended,  are  no  other- 
wise regarded  in  the  English  laws  than  as  they 

establish  certainty  for  the  benefit  of  the  people 

according  to  the  maxim "  miserable  is  the  ser- 
vitude when  the  laws  are  uncertain."  Precedents 
militating  against  the  welfare  or  happiness  of  a  peo- 


(     399      ) 

pie,  are  inconsistent  with  the  grand  original  prin- 
ciple on  which  they  ought  to  be  founded.     Their 
supposed  sanction  increases  in  proportion  to  the 
repetitions  of  injustice.     They  must  be  void.     In 
subjects  of  dispute  between  man  and  man,  prece- 
dents may  be  of  use,  though  not  founded  on  the 
best  reason.     They  cause  a  certainty,  and  all  may 
govern  themselves  accordingly.     If  they  take  from 
an  individual  one  day,  they  may  give  to  him  the 
next.     But  precedents  to  overthrow  principles ',  to 
justify  the  perpetual  oppression  of  all,  and  to  im- 
pair the  power  of  the  constitution,  though  a  cloud 
of  them  appear,   have  no  more  force  than  the  vo- 
lumes of  dust  that  surround  a  triumphal  car.  They 
may  obscure  it :  they  cannot  stop  it.    What  would 
the  liberties  of  the  people  of  England  have  been  at 
this  time,   if  precedents  could  have  made  laws  in- 
consistent with  the  constitution  ?  Precedents  tend- 
ing to  make  men  unhappy,  can  with  propriety  of 
character  be  quoted  only  by  those  beings,  to  whom 
the  misery  of  men  is  a  delight. 

"  IF  the  usage  had  been  immemorial  and  uniform, 
and  ten  thousand  instances  could  have  been  pro- 
duced, it  would  not  have  been  sufficient  ;  because 
the  practice  must  likewise  be  agreeable  to  \\\e prin- 
ciples of  the  law,  *  in  order  to  be  good  :  whereas 

*  This  is  a  maxim  of  law,  that — — {f  a  bad  usage  ought  to  be  abolished." 


this  is  a  practice  inconsistent  with,  and  in  direct 
opposition  to  theirs/-  and  clearest  principles  of  the 
!  -  to  those  feelings  of  humanity,,  out  of 


which  mankind  will  not  be  reasoned,  when  power 
advances  with  gigantic  strides,  threatening  disso- 
lution to  a  state  -  to  those  inherent,  though  la- 
tent powers  of  society,  which  no  climate,  J  no  time, 
no  constitution,  no  contract,  can  ever  destroy  or 
diminish.  "|| 

A  PARLIAMENTARY  power  of  internal  legisla- 
tion over  these  colonies,  appears  therefore  to  us, 
equally  contradictory  to  humanity  and  the  consti- 
tution, and  illegal. 

f  Letter  on  general  warrants.— 
|  I  JBlackstone,  page  245 

(j  Equal  distribution  of  justice,  zndfree  enjoyment  of  property  >  arc  the  great  ob- 
jects of  society  :  and  no  time,  precedent,  statute,  or  institution  should  deter  men  from 
keeping  tbete  UPPERMOST  in  their  thoughts." 

Mr.  Humes  History  of  England. 

t(  The  jurisdiction  of  the  star  chamber,  martial  taw,  imprisonment  by  war- 
rants from  the  privy  council,  and  other  practices  of  a  like  nature,  though  estab- 
lished for  several  centuries  ;  were  scarce  ever  allowed  by  the  English  to  be  parts 
of  their  constitution  :  the  affection  of  the  nation  for  liberty  still  prevailed  over  all 
precedent  ,  and  over  all  political  reasoning  :  the  exercise  of  these  powers,  after  being 
long  the  source  of  secret  murmurs  among  the  people,  was,  in  fulness  of  time, 
solemnly  abolished,  as  illegal,  at  least  as  oppressive,  by  the  whole  legislative 
authority."  id.  To  these  instances  may  be  added  the  late  practice  of  genera! 
warrants  that  had  the  sanction  of  precedents,  even  since  the  revolution. 


(         401        ) 

As  to  the  second  head,  a  power  of  regulating  our 
trade,  our  opinion  is,  that  it  is  legally  vested  in  par- 
liament, not  as  a  supreme  legislature  over  these  co- 
lonies, but  as  the  supreme  legislature  and  full  re- 
presentative of  the  parent  state,  and  the,  only  judge 
between  her  and  her  children  in  commercial  inte- 
rests, which  the  nature  of  the  case,  in  the  progress  of 
their  growth  admitted.  It  has  been  urged,  with 
great  vehemence  against  us,  and  seems  to  be 
thought  their  fort  by  our  adversaries,  "  that  a  pow- 
er of  regulation  is  a  power  of  legislation,  and  a 
power  of  legislation,  if  constitutional,  must  be  uni- 
versal and  supreme  in  the  utmost  sense  of  the 
words.  It  is  therefore  concluded,  that  the  colo- 
nists, by  acknowledging  the  power  of  regulation, 
have  acknowledged  every  other  power.  On  this 
objection  we  observe,  that  according  to  a  maxim 
of  law,  "  it  is  deceitful  and  dangerous  to  deal  in 
general  propositions."  The  freedom  and  happi- 
ness of  states  depend  not  on  J  artful  arguments, 


t  Our  chance  of  success  would  be  slight  indeed,  if  it  depended  on  subtletie* 
of  reasoning.  Who  can  resit  the  skilful  and  courageous  attacks  of  those  £,-/- 
tons,  who  have  not  long  since  distinguished  themselves  in  the  polemical  fields  ? 
Have  they  notfroveJ  to  the  satisfaction  of  thousands,  the  non-existence  of 

matter the  necessity  of  human  actions consequently  the  innocence 

of  them the  comfortable  mortality  of  the  soul that  virtue  is.a  name- 
vice  a  jest— liberty  a  nonentity Christianity  an  imposture—and,  with  due 

detestation  be  it  mentioned  ;  that  "  we  have  no  idea  of  power ,  nor  of  any  be 
endowed  vTith  any  power,  MUCH  LESS  of  Mf  endowed  with  infinite  power  ?" 

VOL.   i.  3  C 


but  on  a  few  plain  principles.  The  plausible  ap- 
pearance of  the  objection  consists  in  a  confused 
comprehension  of  several  points,  intirely  distinct 
in  their  nature,  and  leading  to  consequences  direct- 
ly opposite  to  each  other.  There  was  a  time,  when 
England  had  no  colonies.  Trade  was  the  .object 
she  attended  to,  in  encouraging  them.  A  love  of 
freedom  was  manifestly  the  chief  motive  of  the  ad- 
venturers. The  connection  of  colonies  with  their 
parent  state,  may  be  called  a  new  object  of  the  En- 
glish laws.  That  her  right  extinguishes  all  their 

rights, rights  essential  to  freedom,   and  which 

they  would  have  enjoyed,  by  remaining  in  their  pa- 


"  With  explosions  of  learning,  and  flushes  of  wit,  these  well  trained  troops 
would  keep  up  a  terrible  fire  of  artillery  and  small  arms  against  us  undisciplin- 
ed Americans.  We  must  not  meet  them  in  the  shock  of  battle.  Tbat  -uiculd  b: 
madness  in  tie  extreme.  We  must  make  the  most  of  our  natural  advantages. — 
'Tiers  we  are  safe  ;  and  all  the  forces  that  can  be  brought  to  the  assault,  will 
never  be  able  to  prevail  against  us.  To  drop  the  metaphor.  "  Inquiry  ceases 
t,o  be  rational,  and  becomes  both  whimsical  and  pernicious,  when  it  advances  as 
far  as  some  late  authors  have  carried  it,  to  controvert  the  first  principles  of 
knowledge,  morality,  religion,  and  consequently  the  fundamental  laws  of  the 
British  government,  and  of  all  well  regulated  society." 

Mr.  Seattle  on  truth. 

It  has  been  asserted  by  some  men  distinguished  as  historians,  that  the  zeal 
of  the  reformers  in  religion  engaging  them  to  think  liberally  on  that  subject, 
led  them  to  think  with  like  freedom  in  civil  affairs,  whereby  the  government  of 

England  received  its  greatest  improvement. If  the  sentiment  is  just,  may  it 

not  be  inferred,  that  contempt  for  religion,  must  necessarily  introduce  an  indif- 
ference for  all  the  just  rules  of  government  and  the  principles  of  the  constit«- 


(      403      ) 

rent  state,  is  offensive  to  reason,  humanity,  and  the 
constitution  of  that  state.  Colonies  could  not  have 
been  planted  on  these  terms.  What  Englishman, 
but  an  ideot,  would  have  become  a  colonist  on 
these  conditions  ?  to  mention  no  more  particulars, 
"  that  every  shilling  he  gained,  might  rightfully  be 

taken  from  him trial  by  jury  abolished the 

building  houses,  or  making  cloths  with  the  materi- 
als found  or  raised  in  the  colonies  prohibited 

and  armed  men  set  over  him  to  govern  him  in  eve- 
ry action  ?" 

HAD  these  provinces  never  been  settled had 

all  the  inhabitants  of  them  now  living,  been  born 
in  England,  and  resident  there,  they  would  now 
enjoy  the  rights  of  Englishmen,  that  is,  they  would 
be  free  in  that  kingdom.  We  claim  in  the  colonies 
these  and  no  other  rights.  There  no  other  king- 
dom or  state  interferes.  But  their  trade,  however 
important  it  may  be,  as  the  affairs  of  mankind  are 
circumstanced,  turns  on  other  principles.  All  the 
power  of  parliament  cannot  regulate  that  at  their 
pleasure.  It  must  be  regulated  not  by  parliament 
alone,  but  by  treaties  and  alliances  formed  by  the 
king  without  the  consent  of  the  nation,  with  other 
states  and  kingdoms.  The  freedom  of  a  people  con- 
sists in  being  governed  by  laws,  in  which  no  altera- 
tion can  be  made,  without  their  consent.  Yet  the 
wholesome  force  of  these  laws  is  confined  to  the  li- 


mits  of  their  own  country.  That  is,  a  supreme 
legislature  to  a  people,  which  acts  internally  over 
that  people,  and  inevitably  implies  personal  assent, 
representation,  or  slavery.  When  an  universal 
empire  is  established,  and  not  till  then,  can  regu- 
lations of  trade  properly  be  called,  acts  of  supreme 
legislature.  It  seems  from  many  authorities,  as  if 
almost  the  whole  power  of  regulating  the  trade  of 
England  was  originally  vested  in  the  crown.  One 
restriction  appears  to  have  been,  that  no  duty 
could  be  imposed  without  the  consent  of  parlia- 
ment. Trade  was  little  regarded  by  our  warlike 
ancestors.  As  commerce  became  of  more  import- 
ance, and  duties,  and  severities  were  judged  neces- 
sary additions  to  its  first  simple  state,  parliament 
more  and  more  interfered.  The  constitution  was 
always  free,  but  not  always  exactly  in  the  same 
manner.  "By  the  feodaL  law,  all  navigable  ri- 
vers and  havens  were  computed  among  the  regalia, 
and  were  subject  to  the  sovereign  of  the  state. 
And  in  England  it  hath  always  been  held,  that  the 
king  is  lord  of  the  whole  shore,  and  particularly  is 
guardian  of  the  ports  and  havens,  which  are  the  in- 
lets and  gates  of  the  realm  ;  and  therefore,  so  early 
as  the  -reign  of  king  John,  we  find  ships  seized  by 
the  king's  officers,  for  putting  in  at  a  place  that  was 
not  a  legal  port.  These  legal  ports  were  undoubt- 
edly at  first  assigned  by  the  crown  ;  since  to  each 
of  them  a  court  of  portmote  is  incident,  the  juris- 


(      405      ) 

diction  of  which  must  flow  from  the  royal  authority. 
The  erection  of  beacons,  light- houses,  and  sea 
marks  is  also  a  branch  of  the  royal  prerogative. 
The  powers  of  establishing  public  marts,  regulat- 
ing of  weights  and  measures,  and  the  giving  autho- 
rity to,  or  making  current,  money,  the  medium  of 
commerce,  belong  to  the  crown.  By  making  peace 
or  war,  leagues  and  treaties,  the  king  may  open  or 
stop  trade  as  he  pleases.  The  admiralty  courts 
are  grounded  on  the  necessity  of  supporting  a  ju- 
risdiction so  extensive,  though  opposite  to  the  usu- 
al doctrines  of  the  common  law.  The  law s  of  Ole~ 
ron  were  made  by  Richard  the  first,  and  are  still 
used  in  those  courts.-'  In  the  "  marc  clausum," 
are  several  regulations  made  by  kings.*  Time  for- 


*  The  power  of  regulating  trade,  was  Carried  so  far  by  the  crown,  as  some- 
times to  impose  duties  ;  and  queen  EU-x.abf.llj  obtained  several  judgments  in  the 
exchequer  on  such  regulations.  Lord  chief  justice  Coke  answers  the  argument 
founded  on  these  —  in  a  inst.  62,  65.  Princes  aimed  at  too  much  power  - 
exceeded  due  bounds-  -  their  imprudence  produced  "  grievances"  -  and  the 
people  who  always  suffer,  when  their  rulers  are  weak  or  wicked,  would  no 
longer  trust  such  opportunities  of  cpprestion  in  their  hand.  --  --The  power  of  //»• 
pressing  seamen,  shews  the  extensive  authority  in  naval  affairs  trusted  to  "  the 

trown." 

I  BLACKSTONE,  419.     Foster's  rep.  154. 


So  extremely  averse  were  the  EHglhl  to  foreign  affairs,  and  to  the  exercise 
even  of  parliamentary  authority  concerning  them,  that  though  the  nation  was 
justly  provoked  against  the  French  king  for  the  injury  done  to  Ed-ward  the  1st. 
by  withholding  Aquitaiw  and  his  other  inheritances  (as  lord  chief  justice  Coke 
observes  in  his  ad  inst.  page  532.)  and  by  some  cruel  actions  of  Frenchmen 
against  Englishmen,  and  had  in  full  parliament  granted  him  aids,  subsidies,  for 


bids  a  inore  exact  inquiry  into  this  point:  but  such 
it  is  apprehended,  will  on  inquiry  be  found  to  have 


the  maintenance  of  his  wars  in  foreign  parts,  yet  in  the  CONFIRM  ATIONES 
CHART  ARUM,  Ed.  1st,  therein  taking  notice,"  that  many  men  doubted,  whe- 
ther these  grants  ly  parliament  might  not  turn  in  serfage  of  tLem  and  their  heirs, 
as  f  recede/its, -expressly  declares  in  those  statutes,  that  such  grants  shall  not  be 
drawn  into  custom."  The  comment  says — "  it  was  holden  that  the  subjects 
of  tie  realm  ought  not  to  contribute  to  the  maintenance  of  the  king's  wars  out 
if  the  realtx — but  this  matter  was  never  in  quiet,  until  it  was  more  particularly 
explained  by  divers  acts  of  parliament.'*  The  comment  then  mentions  several 
acts  declaring  that  no  Englishman  shall  be  bound  to  contribute  to  the  king's  wars 
tmt  of  England^  in  Scotland,  Gascoigny,  Ireland,  Calan,  (though  tbttetbret  lastVfClC 
countries  dependent  on  England)  and  says, "  these  acts  cf  parliament  are  hut  de- 
clarations of  the  ancient  law  vt  England — But  here  may  be  observed,  that  when 
any  ancient  law  or  custom  of  parliament"  (such  as  before  mentioned  by  making 
acts  relating  to  foreign  wars)  "  is  broken,  and  the  crown  possessed  of  a  prece- 
dent, how  difficult  a  thing  it  is,  t«  restore  tbe  subject  again  to  bis  former  freedom  and 
s-J/ity.''  2  Inst.  527 — 529. 

The  author  of"  the  controversy,"  who  with  a  liberality  of  sentiment  becom- 
ing a  pleader  against  freedom,  and  the  best  interest  of  mankind,  counts,  "  sta- 
tute books" — "  ministers" "  king's  council" page  77,  78. — "  scraps 

of  journals" page  81.  and  ordinances  of  "  the  rump  parliament" page 

87.  among  his  "  DEITIES"  psge  78  ;  and  grieves  that  we  poor  "  infidel" 
colonists  will  not  pay  his  idols  the  veneration  his  zeal  judges  due  to  them,  has 
collected  a  good  many  fragments  of  proceedings  in  the  house  of  commons  from 
the  year  1614  to  1628.  The  amount  is  this,  that  the  ministers  of  the  crown 
insisted,  that  parliament  could  not  make  laws  for  America  ;  that  the  commons 
doubted  ;  but  at  length  in  1624,  came  to  an  opinion,  that  the  king's  patent  for 

"    a  woncjjoly  of  fishing  on  the   coasts    of  America  was  a  grievance" that  a 

"  clause  of  forfeiture"  against  those  who  interfef  ed  in  the  fishery  was  void — 
and  past  a  bill  "  for  a  free  liberty  otfshing"  &c.  It  appears  in  the  debates  that 

the  fishery  was  free  before  tie  patent  ivas  granted These  extracts  do  not  shew, 

what  became  of  the  bill  in  the  house  of  lords.  One  mr.  Brooke  said  in  1621 — 
"  \Ve  may  make  laws  here  for  Virginia,  for  if  thr  £';ng  gives  consent  to  this  bill 
past  here  and  by  the  lords,  this  will  controul  the  patert." 


been  the  power  of  the  crown,  that  our  argument 
may  gain,  but  cannot  lose.  We  will  proceed  on 
a  concession,  that  the  power  of  regulating  trade  is 
vested  in  parliament. 

COMMERCE  rests  on  concessions  and  restricti- 
ons mutually  stipulated  between  the  different  pow- 
ers of  the  world  ;f  and  if  these  colonies  were  sove- 
reign states,  they  would  in  all  probability  be  re- 
stricted to  their  present  portion,*  The  people  of 


It  seems,  as  if  the  notion  of  the  king's  regulating  power  still  prevailed,  but, 
that  "  a  clause  oi  forfeiture"  in  such  regulations  was  void.  So  much  had  the 
power  of  parliament  grown  since  king  John's  reign.  Nor  does  it  appear  to 
have  been  unreasonable  as  commerce  became  of  more  consequence.  The  in- 
stance here  mentioned,  related  to  a  regulation  of  trade ;  and  however  the 
king  might  have  accommodated  the  point  with  the  other  branches  of  the  le- 
gislature, the  whole  proceeding  is  immaterial.  If  it  was  a  right  actually  en- 
joyed by  Englishmen  to  fish  en  the  coasts  of  a  plantation and  a  grant  by  the 

crown  of  the  fishery  to  the  people  of  the  plantation  excluding  the  people  of 

England,  could  not  divest  tbcm  of  their  right or,  "  if  by  the  king's  giving 

his  consent  to  a  bill  passed  by  lords  and  commons," "  the  patent  might  be 

controuled  ' it  does  not  follow,  that  the  king,  lords,  and  commons  could 

divest  the  people  of  the  plantations  of  all  tbeir  rights. 

f  Case  of  the  Ostend  East-India  company. 

*  "  Another  light,  in  which  the  lawsi  of  England  consider  the  king  with  re- 
gard to  domestic  concerns,  is  the  arbiter  of  commerce.  By  commerce,  I  at  pre- 
sent mean  domestic  commerce  only.  It  would  kad  me  into  too  large  a  field,  if  I 
\vcreto  attempt  to  enter  upon  the  nature  of  foreign  trade,  its  privileges,  regula- 
tions, and  restrictions ;  and  would  be .  also  quite  beside  the  purpose  of  these 
commentaries,  which  are  confined  to  the  laws  of  England.  Whereas  no  muni' 
cipal  laws  can  be  sufficient  to  order  and  determine  the  very  extensive  and  tomplicated  af- 
fair t  of  traffic  and  msrtlatutize  ;  neither  can  they  bave  a  proper  authority  for  this  pur- 


(      4o8       ) 

England  were  freemen,  before  they  were  mer- 
chants. Whether  they  will  continue  free,  they 
tbemsehes  must  determine,  ffow  they  shall  trade, 
must  be  determined  by  Germans,  French,  Spani- 
ards, Italians,  Turks,  Moors,  &Y.  The  right  of 
acquiring  property,  depends  on  the  rights  of  others  : 
the  right  of  acquired  property,  solely  on  the  owner. 
The  possessor  is  no  owner  without  it.  "  Almost 
every  leaf  and  page  of  all  the  volumes  of  the  com- 
mon law  prove  this  right  of  property.'7!  Why 
should  this  right  be  sacred  in  Great-Britain,  "  the 
chief  corner  stone"  in  the  solid  foundation  of  her 
constitution,  and  an  empty  name  in  her  colonies  ? 
The  lamb  that  presumed  to  drink  in  the  same 
stream  with  a  stronger  animal,  though  lower  down 
the  current,  could  not  refute  the  charge  of  incom- 
moding the  latter,  by  disturbing  the  water.  Such 
power  have  reasons  that  appear  despicable  and  de- 
testable at  first  when  they  are  properly  enforced. 


/mst.  For,  as  these  are  transactions  carried  on  between  subjects  of  independent 
states,  the  municipal  laws  of  one  will  not  be  regarded  by  the  other.  For  which 
reason  the  affairs  of  commerce  are  regulated  by  a  law  of  their  own,  called  the 
law  merchant  or  &.*  mercatorla,  which  all  nations  agree  in  and  take  notice  of. 
And  in  particular  it  is  held  to  be  part  of  the  law  of  England,  which  decides  the 
causes  of  merchants  by  the  general  rules  which  obtain  in  all  commercial  coun- 
tries ;  and  that  often  even  in,  matters  relating  to  domestic  trade,  as  for  instance, 
with  regard  to  the  drawing,  the  acceptance,  and  the  transfer  of  inland  bills  of 
exchange." 

f  Parlia.hist. 


FROM  tins  very  principle  arose  her  power  :  and 
can  that  power  now  be  justly  exerted,  in  suppress- 
ion  of  that  principle  ?  It  cannot.  Therefore,  a 
power*  of  regulating  our  trade,  involves  not  in  it 


*  This  distinction  between  a  supreme  legislature  and  a  pov/er  of  regulating 
trade,  is  not  a  new  one.  We  find  it  clearly  made,  by  the  judges  of  England,  at 
a  period,  when  the  modern  profitable  mode  of  blending  together  in  parliament 
the  authorities  of  the  crown  and  people,  had  not  extinguished  all  reverence  for 
the  principles  of  the  constitution. 

By  the  statute  of  the  ad  of  Henry  6th.  ch-4,  Calais  was  confirmed  a  staple  place 
for  the  wool  exported  from  England,  Wales  and  Ireland.  Some  wool  shipped 
from  this  last  kingdom,  was  consigned  to  SLiice,  in  Flanders.  The  ship  by  stress 
of  weather  was  forced  into  Calais,  where  the  wool  was  seized  as  forfeited.  The 
chief  question  in  the  exchequer  chamber  was,  whether  the  statute  bound  Ire- 
land. In  Rich.  3,  12,  the  case  is  thus  reported.  "  Et  ibi  quoad  ad  primam 
questionem  dicebant,  quod  terra  Hibernix  inter  se  babet  parliamentum  &  omni- 
modo  curias  prout  in  Anglia,  &  per  idem  parliamentum  faciunt  leges  &  mutant 

leges,  &  NON  OBLIGANTUR  PER  STATUTA  IN  ANGLIA  QJJIA,  NON  IIIC 
H4BENT  MILITES  PARLIAMENT!  ;  sed  HOC  intelligitur  DETERRIS  PRO  REBUS 
IN  TERRIS  TANTUM  EFFICIEND  J  Sed  PERSONS  EORUM  SUNT  SUBJECTI 

REGIS  et  tanquam  subject!  erunt  obligati  ad  aliquam  rem  extra  terfam  illam  fa- 
ciendum contra  statutum,  sicut  habitantes  in  Callesia,  Gascoignla,  Guienne,  &c. 
dum  fuere  subjecti  ;  &  obedientes  erunt  sub  admiralitate  Anglite  de  re  facia  super- 
altum  mare  ;  et  similifer  breve  de  errore  de  judiciis  redditis  in  Hibcrnia  in  banco 
regis  hie  in  Anglia." 

Brooke,  lord  chief  justice  of  the  common  pleas,  mentions  the  case  almost  in 

the  same  words,  title  parliament  98 — but  90  says "  the  chief  justice  was 

of  opinion,  that  the  statutes  of  England  shall  bind  Ireland,  which  was  in  a  manner 
agreed  by  the  other  justices ;  and  yet  it  was  denied  the  former  day  :  YET  note, 
that  Ireland  is  a  realm  of  itself,  and  has  a  parliament  in  itself." 

Here  ic  may  be  observed,^/,  that  the  reason  assigned  by  the  judges,  why 
the  statutes  of  England  bind  not  the  people  of  Ireland,  though  specially  named,  con- 

VOL.   i»  3D 


the   idea   of    supreme  legislature   over   us.     The 
first  is  a  power  of  a  preserving  "  protecting"   na- 


taias  a  constitutional  principle,  the  sine  qua  non  of  freedom.  Secondly^  that  the 
people  of  Ireland^  as  subjects  of  the  king,  were  "  under  the  admiralty  of  England  as 
to  things  done  on  the  high  sea ;."  which  is  a  strong  confirmation  given  by  the  judges 
of  England,  to  the  supposition  before  made,  of  the  power  of  regulating  trade  be- 
ing formerly  vested  in  the  king.  Thirdly ,  that  the  opinion  of  the  chief  justice, 
and  of  the  other  justices,  such  as  it  was,  "  reddendo  singula  singulis,  &  secun- 
dum  subjectam  materiam,"  proves  at  most,  only  that  Ire/and  was  bound  by  statutes 
regulating  their  trade,  for  such  was  the  2  Henry  6th.  ch.  4th  on  which  the  case  arose. 
Fourthly,  that  Brooke>a.  man  cf  great  eminence  and  dignity  in  the  law,  appears 
by  his  note,  to  have  been  dissatisfied  with  the  judgment,  tho'  only  on  a  statute 

of  regulation,  for  this  reason  of  such  weight  with  an  Englishman "  because 

Ireland 'is  a  realm  of  itself,  and  has  a  parliament  within  itself."  Fifthly^  that 
the  authority  of  the  crown,  including  the  regulation  of  the  trade  of  Ireland,  and 
sending  writs  of  error  there,  were  sufficient  restraints,  to  secure  the  obedi- 
ence and  subordination  of  that  kingdom.  This  reason  seems  to  have  held  its 
ground,  till  lord  chief  justice  Co&'s  time  ;  and  though  a  great  reverence  is  en- 
tertained for  his  memory,  yet  it  can  never  be  acknowledged,  that  an  "  obiter 
dietum"  of  his,  or  of  any  other  man,  is  a  rule  of  law.  In  Calvin's  case,  the  chief 
justice  reciting  the  foregoing  case,  says,  "  Hibernla  habet  parliamentum,  and 
faciunt  leges,  &  nostra  statuta  non  ligant  eos  QJJI  \  non  mittunt  milites  ad  parli- 
amentum which,  adds  he,  is  to  be  understood,  unless  they  be  especially  named) 
And  does  the  "  especially  naming  them,"  give  them  a  representation,  or  re- 
move the  injustice  of  binding  them  without  it  ?  This  observation  in  plain  Eng- 
lish would  run  thus.  "  Our  statutes  do  not  bind  the  people  of  Ireland^  when, 
we  do  not  intend  to  bind  them,  because^  they  are  not  represented  in  our  parlia- 
ment :  but  our  statutes  bind  them,  when  \ve  intend  to  bind  them."  What  is 
this  but  saying "  that  to  speak  of  their  not  being  represented,  is  a  mere  jar- 
gon ;  and  the  sole  point  is,  \vhether  it  is  our  w/7/to  bind  them" or  in  other 

words "  that  our  statutes  do  not  bind  them,  for  a  reason,  as  strong  as  man 

can  give,  and  so  acknowledged  by  us  to  be,  which  yet,  is  no  reason  at  all :  for, 
where  there  is  no  occasion,  for  its  operation,  it  applies  not ;  and  where  there 

is  occasion,  it  is  of  no    force." His  lordship  had  just   before  taken  notice 

that  "  a  writ  of  error  did  lye  in  the  king's  bench  of  England  of  an  errone- 
ous judgment  in  the  king's  bench  of  Ireland ;"  and  perhaps  that  led  him  in 
the  course  of  his  argument  to  imagine,  there  might  be  a  like  pre-eminence 


ture.      The  last,  as  applied  to  America,  is  such  a 
power  as  mr.  Justice  Blackstone  describes  in  these 


of  the  parliament  of  England  over  that  of  Ireland.  That  this  was  his  reason 
seems  certain,  because  at  a  meeting  of  commissioners  to  consider  of  a  projected 
union  between  England  and  Scotland,  at  which  the  chief  justice  was  present. — 
Moor,  796,  it  is  said  "  that  parliament  has  power  over  Ireland,  as  is  proved  by 
that  a  writ  of  error  may  be  brought  of  a  judgment  in  the  king's  bench  of  Ire- 
land ."  In  the  fourth  inst.  he  also  says  the  people  of  Guernsey,  Jersey  and  Man, 
are  not  bound  by  the  statutes  of  England,  unless  they  are  specially  named.  Yet 
whoever  examines  the  statute  relating  to  Ireland,  Guernsey,  Jersey  and  Man, 
will  have  very  little  cause  to  believe,  that  it  has  been  thought  in  England,  that 
statutes  would  generally  bind  the  people  of  those  countries,  notwithstanding 
the  subjection  of  Ireland,  and  the  other  islands,  the  many  distresses  of  the  for- 
mer, and  the  weakness  of  the  latter  have  afforded  opportunities  cf  extending 
such  a  power  over  them.  With  respect  to  all  these  places  scarce  a  statute  can 
be  found  of  any  period,  but  for  the  regulation  of  their  trade.  The  same  obser- 
vation may  be  made  as  to  Gascoigny,  Guienne  and  Calais. Justice  Wylde  in  3 

vent.  5, said,  "he  had  seen  a  charter  whereby  these  places  were  recited  'to  be  unit- 
ed to  England  by  mutual  pact.  And  writs  of  error  run  there."  "  Wales  was  a  con- 
quered country,  and  the  people  submitted  to  Edivard  the  first  de  alto  et  basso." 

Whatever  pretence  the  chief  justice's  opinion  was  founded  on,  it  has  been 
carefully  repeated  in  many  law  books  since.  Whether  his  lordship  meant,  that 
statutes  of  England  could  bind  the  people  of  Ireland,  in  taking  away  trials  by 
jury, taxing  them,  and  indeed,  "  in  all  cases  whatsoever"  or  only  in  preserv- 
ing their  subordination,  as  by  regulating  their  trade,  which  was  the  case  refer- 
red to  in  his  comment,  does  not  appear.  The  parliament  in  declaring  the  de- 
pendence of  Ireland,  did  not  venture  to  claim  a  power  of  binding  the  people  of 
that  kingdom  "  in  all  cases  whatsoever."  a  With  respect  to  all  these  declara- 
tions, however,  as  they  are  made  to  refer  to  us,  we  may  answer  as  the  lion  did 
to  the  man  in  the  fable. 

Much  the  same  arbitrary  construction  has  been  made  on  the  question  ;  whe- 
ther a  man  could  be  tried  in  England  on  a  charge  of  committing  treason  in 

a  Nor,  to  this  day  does  the  English  parliament  tax  them,  &c.  And  therefore 
the  inference  is  just,  that  neither  they  nor  the  chief  justice  meant  such  a  power 


(         413         ) 

words,  "  whose  enormous  weight  spreads  horror 
and  destruction  on  all  inferior  movements."  The 
fii-iit  is  a  power  subject  to  a  constitutional  check. 
Great-Britain  cannot  injure  us  by  taking  away  our 


-  In  queen  Elizabeth's  reign,  "  Gerrade,  chancellor  of  Ireland,  moved  that 
question  to  the  council  of  the  queen,  and  it  was  held  by  Wray,  Bier,  and  Ger- 
rarJc,  attorney  general,  he  could  not,  because  he  was  a  subject  of  Ireland  and 
not  of  England,  and  if  tried  in  England,  he  could  not  be  tried  by  his  peers." 
Diet-,  360.  Afterwards,  to  gratify  the  queen's  resentment  against  some  rebels, 
they  were  tried  in  England-  and  thus  passion  and  complaisance  made  very 
good  law  against  reason  and  justice. 

Having  mentioned  Calvin's  case,  it  may  not  be  improper  to  observe,  that 
if  the  author  of  "  the  controversy"  had  taken  the  trouble  of  reading  it,  he 
might  have  found  his  perplexities  removed  on  the  question  that  has  given  him 
so  much  anxiety,  and  brought  such  a  load  of  reproaches  on  the  colonies.  He 
is  provoked  at  our  insolence  for  pretending  to  be  any  thing  more  than  aliens 
in  England,  while  we  deny  the  power  of  parliament  to  bind  us  "  in  all  cases 
whatever."  In  that  case,  the  gentleman  would  have  discovered,  that  the  judges 
of  England  held,  that  a  man  born  in  Scotland,  under  the  allegiance  of  James 
the  first,  after  his  accession  to  the  throne  of  England,  was  intitled  to  all  the 
rights  of  a  subject  born  in  England',  though  the  objection,  that  statutes  of  Eng- 
land could  not  bind  Scotland,  or  a  man  residing  there,  who  held  lands  in  Eng- 
land, was  mentioned  in  the  course  of  the  argument.  That  great  difficulty  be- 
ing got  over,  if  the  gentleman,  will  go  a  step  farther,  and  perceive  some  little 
distinction  between  colonies  proceeding  out  of  the  loins  of  England,  and  the 
"  conquered''  countries  of  Ireland  and  Wales, — the  countries  of  Gascoigny,  Guienne, 

and  Calais,  "  united  by  mutual  pact  to  England" and  the  islands  of  Guernsey, 

&c.  "  lying  within  the  four  seas,  whose  sovereigns  annexed  them  to  England  :"  and  will 
only  allow  the  colonists  a  little  more  regard  than  hprvfest  in  law  books  for  those 
countries,  and  about  as  much  as  has  been  actually  observed  towards  them  by  parlia- 
ment, he  will  have  no  further  occasion  to  say  severe  things  of  those,  who  are 
willing  to  esteem  him ;  and  then,  if  he  can  persuade  his  worthy  countrymen  to 
adopt  his  sentiments,  their  anger  will  no  longer  give  pain  to  those  who  almost 
adore  them. 


(      4*3      ) 

commerce  without  hurting  herself  immediately. 
The  last  is  a  power  without  check  or  limit.  She 
might  ruin  us  by  it.  The  injury  thereby  to  her- 
self might  be  so  remote  as  to  be  despised  by  her. 

THE  power  of  regulation  was  the  only  band  that 
could  have  held  us  together ;  formed  on  one    of 

those  "  original  contracts," which  only  can  be 

a  foundation  of  just  authority.  Without  such  a 
band,  our  general  commerce  with  foreign  nations, 
might  have  been  injurious  and  destructive  to  her. 
Reason  and  duty  reject  such  a  licence.  This  our 
duty  resembles  that  of  children  to  a  parent.  The 
parent  has  a  power  over  them  :  but  they  have 
rights,  which  the  parent  cannot  take  away.  Hea- 
ven grant  that  our  mother  country  may  regard  us 
as  her  children,  that  if  by  the  dispensation  of  Pro- 
vidence, the  time  shall  come,  when  her  power  de- 
creases, the  memory  of  former  kindnesses  may 
supply  its  decays,  and  her  colonies  like  dutiful 
children,  may  serve  and  guard  their  aged  parent, 
for  ever  revering  the  arms  that  held  them  in  their 
infancy,  and  the  breasts  that  supported  their  lives, 
while  they  were  little  ones. 

IT  seems,  as  if  the  power  of  regulation  might 
not  inaptly  be  compared  to  the  prerogative  of  mak- 
ing peace,  war,  treaties,  or  alliances,  whereby 


(      414      ) 

"  the  whole*  nation  are  bound,  AGAINST  THEIR 
CONSENT  :"  and  yet  the  prerogative  by  no  means 
implies  a  supreme  legislature.  The  language  held 
in  "  the  commentaries"  on  this  point  is  very  re- 
markable. "  With  regard  to  foreign  concerns  the 
king  is  the  delegate  or  representative  of  the  people  ; 
and  in  him,  as  in  a  center,  all  the  rays  of  his  people 
are  united  ;f  and  the  SOVEREIGN  POWER  quoad 
hoc  is  vested  in  his  person. "f  Will  any  English- 
man say  these  expressions  are  descriptive  of  the 
king's  authority,  within  the  realm.  ct  Is  the  SOVE- 
REIGN POWER  within  that  vested  in  his  person  ?" 
He  is  stiled  u  sovereign"  indeed  ;  "  his  realm  is 
declared  by  many  acts  of  parliament  an  empire, 
and  his  crown  imperial."  But  do  these  splendid 
appellations,  the  highest  known  in  Europe  signify, 
that  "  sovereign  POWER  is  vested  in  his  person 
within  the  realm  ?"  We  have  a  full  answer  in  the 
commentaries.  "  The  meaning  of  the  legislature, 
when  it  uses  these  terms  of  empire  and  imperial, 
and  applies  them  \o  the  realm  and  crown  of  Eng- 
land, is  only  to  assert,  that  our  king  is  equally 
sovereign  and  independent  within  these  his  domini- 
ons ;  and  owes  no  kind  of  subjection  to  any  poten- 
tate upon  earth."  Thus  we  maintain,  that  with  re- 
gard to  foreign  affairs,  the  parent  original  state, 
44  is  the  delegate  or  representative,"  of  the  entire 

*  I  Blackft.  252,  257.  f  Idem.  252.  j  Idem.  257. 


(      415     ) 

dominions,  "  the  sovereign  power  OJJOAD  HOC  is 
vested"  in  her.  Her  acts  under  this  power,  "  irre- 
vocably bind  the  whole  nation."  But  yet  this 
power  by  no  means  implies  a  supreme  legislature. 

THE  exercise  of  this  power  by  statutes  was  ab- 
solutely necessary  ;  because  it  was,  and  could  only 
be  lodged,  as  the  laws  of  the  parent  state  stand,  in 
the  supreme  legislature  of  that  state,  consisting  of 
king,  lords,  and  commons ;  and  statutes  are  the 
modes  by  which  their  united  sentiments  and  reso- 
lutions are  exprest.  It  is  universally  acknowledg- 
ed in  Great-Britain,  that  it  infers  no  power  of  tax- 
ation in  king  and  lords,  that  their  limited  authori- 
ty is  used  in  cloathing,  gifts  and  grants  of  the 
commons  with  the  forms  of  law nor  does  it  in- 
fer supreme  legislature  over  us,  that  the  limited 
authority  of  king,  lords,  and  commons  is  used  in 
cloathing  regulations  of  trade  with  the  forms  of 
law. 

THIS  power  of  regulation  appears  to  us  to  have 
been  pure  in  its  principle,  simple  in  its  operation, 
and  salutary  in  its  effects.  But  for  some  time  past 
we  have  observed,  with  pain,  that  it  hath  been 
turned  to  other  purposes,  than  it  was  originally  de- 
signed for,  and  retaining  its  title,  hath  become  an 
engine  of  intolerable  oppressions  and  grievous  tax- 
ations. The  argument  of  an  eminent  judge,  states 


the  point  in  a  similar  case  strongly  for  us,  in  these 

words. "  Though  it  be  granted,  that  the  king 

hath  the  custody  of  the  havens  and  ports  of  this 
island,  being  the  very  gates  of  this  kingdom,  and  is 
trusted  with  the  keys  of  these  gates  ;  yet  the  infer- 
ence and  argument  thereupon  made,  I  utterly  deny. 
For  in  it  there  is  mutatio  hypothesis,  and  a  trans- 
ition from  a  thing  of  one  nature  to  another  ;  as 
the  premises  are  of  a  power  only  fiduciary,  and  in 
point  of  trust  and  government,  and  the  conclusion 
infers  a  right  of  interest  and  gain.  Admit  the 
king  has  custodiam  portuum,  yet  he  hath  but  the 
custody,  which  is  a  trust  and  not  dominium  utile. 
He  hath  power  to  open  and  shut,  UPON  CONSIDE- 
RATION OF  PUBLIC  GOOD  TO  THE  PEOPLE  AND 

STATE,   but  not  to  make  gain  and  benefit  by  it  : 
the   one  is  PROTECTION the  other  is  EXPILA- 


END  OF  THE  FIRST  VOLUME. 


SHE 


#&:> 


